If a manual handling task at work has left you injured, you may have a right to compensation. Lower back pain from lifting and carrying is one of the most reported workplace injuries in the UK. It is also the kind of injury that can start as a twinge and end up keeping you off work for months. Improper lifting techniques, repetitive strain, and loads that are simply too heavy are often the cause of these injuries. Thompsons Solicitors specialise in workplace injury claims and can help you work out whether you have a case.
What are manual handling injuries?
Manual handling covers any task where you move something by hand or bodily force. This includes lifting, putting down, pushing, pulling, or carrying a load. Injury as a result of manual handling can be severe. Musculoskeletal disorders involving the muscles, bones and joints are common. Other common injuries include back strains, slipped discs, and damage to the shoulders and neck through overreaching or heavy lifting, hernias and sprains to the wrists and elbows.
The Health and Safety Executive reports that manual handling accounts for around a fifth of all accidents reported under RIDDOR.
Employer duties and manual handling regulations
The Manual Handling Operations Regulations 1992 (as amended) impose a duty on employers to take adequate steps in reducing injuries from manual handling. They should look to eliminate hazardous manual handling tasks where possible, and where they cannot be eliminated, carry out a risk assessment.
Your employer should always:
- Avoid manual handling tasks that could cause injury, where practicable
- Provide equipment such as hoists, trolleys or conveyor belts to limit the need for manual handling
- Carry out risk assessments to identify hazards and put appropriate measures in place
- Provide proper training on how to safely carry out manual handling tasks and use any provided equipment
All tasks, loads and environments should be assessed, especially where the lifting is continuous or heavy.
Manual Handling Risk Assessments
Risk assessments are central to workplace safety under the Management of Health and Safety at Work Regulations 1998. Employers have to assess the risks associated with manual handling tasks and minimise those risks by considering the size, weight and shape of the load, looking at potential hazards in the workplace such as uneven floors, wet surfaces and poor lighting, considering the health and fitness of the worker including pregnancy, previous injuries or disabilities, and providing mechanical assistance where possible such as forklifts, pallet trucks or conveyor belts.
These assessments need to be specific to the task. A generic assessment that ignores individual factors is not adequate. Employees with disabilities must have separate risk assessments under the Disability Discrimination Act.
Unite member injured at work secures £5,500 compensation with Thompsons Solicitors after a workplace accident involving manual handling due to a production line malfunction.
Successful Workplace Injury Claim for Unite Member
Employee Responsibilities in Manual Handling
Risk assessments are central to workplace safety under the Management of Health and Safety at Work Regulations 1998. Employers have to assess the risks associated with manual handling tasks and minimise those risks by considering the size, weight and shape of the load, looking at potential hazards in the workplace such as uneven floors, wet surfaces and poor lighting, considering the health and fitness of the worker including pregnancy, previous injuries or disabilities, and providing mechanical assistance where possible such as forklifts, pallet trucks or conveyor belts.
These assessments need to be specific to the task. A generic assessment that ignores individual factors is not adequate. Employees with disabilities must have separate risk assessments under the Disability Discrimination Act.
Employee responsibilities in manual handling
Employers are primarily responsible, but employees also have responsibilities. You should follow the procedures your employer has set out. Do not try to do a job that needs two people by yourself.
Use the equipment available such as hoists and trolleys, even if it takes a little longer. Report unsafe practices or conditions, whether that is defective equipment or a hazardous work area. Do not pose a hazard to other employees when manual handling.
If you did not follow procedures you may have your award decreased due to contributory negligence. However, partial fault does not mean you lose your claim completely. You may still be entitled to compensation if your employer did not provide adequate instruction, proper equipment, or a safe working environment.
How much compensation for a manual handling accident?
What you receive depends on how seriously you were injured and what effect it has had on your life. A claim usually consists of two elements.
General damages cover pain, suffering, and what lawyers refer to as loss of amenity, the impact your injury has had on your daily life. The Judicial College Guidelines provide ranges for different injuries and levels of severity, and your solicitor will take these into account when valuing your claim.
Special damages cover the financial consequences: loss of earnings, medical treatment costs, travel expenses, care costs, and any modifications to your home or vehicle.
Every case is different. We can give you a better idea of your manual handling compensation claim potential when we have the full facts.
How to claim compensation for a manual handling injury
If a manual handling task at work has resulted in your injury, and your employer has not upheld their responsibilities under the law, you may be entitled to make a claim. This applies even if you have been trained because your employer may have provided unsuitable equipment or methods, which means you may still have grounds.
- Seek medical attention: Have your injuries assessed and recorded as soon as possible.
- Report the accident: Record it in the workplace accident book, or put the details in writing to your employer.
- Gather evidence: Photographs, witness contact details, and proof of any financial loss.
- Speak to Thompsons: We will evaluate your claim and take the case on a no win no fee basis.
Time limits for manual handling claims
You have three years from the date of the injury, or the date you knew the injury was caused by your employer's negligence, to bring a claim. If you were under 18 the three-year period begins when you are of age, and if you did not have the mental capacity to bring a claim the period runs from the date your capacity returns.
We advise you contact us as soon as possible.
Frequently asked questions
The most common manual handling injuries are back strains, slipped discs, musculoskeletal disorders, shoulder and neck injuries, hernias and repetitive strain injuries. Some of these injuries heal within weeks while others can persist for years.
This will depend on the injury. A minor strain that heals in a few months be less compensation than a severe back injury that prevents you from working. Your claim will also take into account lost earnings, treatment costs and future needs.
No, you cannot. To dismiss or discipline an employee for having made a genuine compensation claim would be unlawful. Compensation is paid out of an employer's liability insurance, not out of the employer's pocket. There should be no pecuniary incentive to oppose.
Contact Thompsons for legal advice
Thompsons Solicitors is dedicated to assisting workers who have been injured by manual handling at work. Our personal injury lawyers will guide you through the claims process and fight for the compensation you deserve.
If you or someone close to you has suffered a manual handling injury, contact us today for free legal advice.
