I Was Injured Because Of No Manual Handling Training At Work – Can I Claim Compensation?
Our guide explores if you may be eligible to claim compensation after being injured from a lack of manual handling training at work.
We explain the criteria you must meet to claim against your employer, what injuries may occur from these kinds of accidents, and how these can be caused by inadequate training. Moreover, we explain how often manual handling training at work should be done and how it is set out as a legal requirement in legislation.
Additionally, we look into evidence that will be useful in illustrating your employer’s liability, the potential payouts you may be entitled to, and how solicitors can value your injuries for compensation.
Furthermore, we outline how No Win No Fee solicitors work, what it means to enter into an agreement like this and how it could be financially beneficial for you in claiming for your work-related injury.
If you would like to know more about claiming compensation for injuries caused by a lack of manual handling training at work, please continue reading.
Alternatively, you can reach our team of advisors for free legal advice and consultations in the following ways:
- Call us on 020 3870 4868
- Contact us through our online form
- Talk with us through our live chat support
Select A Section
- Can I Claim If I Wasn’t Given Manual Handling Training?
- Do Employers Have To Give Manual Handling Training At Work?
- How Could A Lack Of Manual Handling Training At Work Injure You?
- How To Show Your Employer’s Liability
- Potential Workplace Injury Payouts
- Get Help Making A No Win No Fee Claim
You might be eligible to make a personal injury claim if a lack of manual handling training at work caused you to suffer injuries. The Health and Safety At Work etc. Act 1974 outlines the duty of care that employers owe you whilst you are undertaking work duties.
Employers are required to take reasonably practicable steps to ensure your safety at work. When making a claim, you should be able to illustrate that:
- Your employer owed you a duty of care
- They breached this duty
- This breach led to your injuries
Whilst fulfilling these requirements, you must also be within the time limit to start your accident at work claim. The Limitation Act 1980 outlines that generally, you have three years from the date of your accident or from the date you became aware of your employer’s negligence to start a claim.
Exceptions to this are only if a person was under eighteen at the time of the accident or if they lacked the mental capacity to claim at that time. They will have three years from the date of their eighteenth birthday to make a claim. In the event that a person regains their mental capacity, they will have three years from this date.
These exceptions apply if a litigation friend has not already claimed on behalf of these individuals.
The Manual Handling Operations Regulations 1992 states that employers must take measures to prevent and manage the risks involved with manual handling in the workplace.
For example, they can implement manual handling training at work and avoid employees undertaking any manual handling operations that can be carried out by lifting equipment, such as using machinery to do so, particularly if it is heavy.
Manual handling training at work can explain how to assess, avoid, and reduce risk of injury whilst performing tasks that require pushing, pulling, carrying, or putting down.
Manual handling training at work should cover:
- Risks and how injuries are likely to happen
- How to use mechanical aids properly
- Good handling techniques
- Systems of work relevant to your tasks
- Practical work so that any unsafe handling by an employee can be identified and corrected to avoid future injuries
A lack of manual handling training at work can lead to numerous injuries of different severities.
Examples of these include:
If you have suffered these injuries due to your employer’s breach of duty, you could be eligible to claim compensation.
To prove liability after an accident at work, the onus will be on you to show how your employer breached the duty of care they owed you under health and safety legislation.
In order to make a claim for an injury resulting from a lack of manual handling training at work, you must show that your employer owed you a duty of care at the time and place of the accident. Liability will mean proving that they breached this duty. And if this resulted in you suffering harm, this amounts to negligence. Employers can breach their duty in various ways. Examples include:
- No training was given on how to lift, carry, push or pull objects therefore, you suffered a back injury as a warehouse operative.
- You were expected to lift an item alone when it specified that it required two people to move the item, and you suffered a slipped disc.
- Lifting equipment was broken, so you were required to lift heavy, awkward objects causing a knee injury.
There are two forms of compensation that you could receive for your injuries. General damages cover the pain and suffering you have endured.
When valuing injuries, legal professionals may use The Judicial College Guidelines to assist them. These offer compensation brackets for different injuries. However, these figures should be used only as a guide as they are not definite and may not provide an accurate representation of your potential payout.
Alternatively, compensation calculators can give you a rough overview of the damages you may be entitled to. These can occasionally consider the loss of earnings you may suffer but often fail to factor in other things that would affect your outcome. These figures are not guaranteed, so the outcome of your settlement may vary.
|Neck Injuries||Moderate (i)||£24,990 to £38,490||May need spinal fusion for fractures or dislocations.|
|Back Injuries||Severe (iii)||£38,780 to £69,730||Chronic conditions caused by soft tissue injuries.|
|Back Injuries||Moderate (i)||£27,760 to £38,780||Reduced mobility caused by a prolapsed intervertebral disc that needs surgery.|
|Back Injuries||Minor (i)||£7,890 to £12,510||In two to five years a recovery takes place without the need for surgery.|
|Injuries to the Pelvis and Hips||Lesser Injuries||£3,950 to £12,590||Complete recovery within two years from a fracture injury.|
|Knee Injuries||Severe (i)||£69,730 to £96,210||Disruption of the knee joint, gross ligamentous damage and severe pain.|
Another form of compensation you could claim is special damages. This covers the financial losses you have endured due to your injuries.
Examples of these include:
- Loss of earnings
- Travel costs
- Ongoing care or home adaptation costs
When claiming monetary losses, it will be useful to have forms of evidence which demonstrate them. Our panel of experienced solicitors can assist in acquiring these.
Examples of evidence that will help include:
- Public transport tickets
- Bank statements to show the purchases
When claiming for an injury sustained from a lack of manual handling training at work, you may consider hiring a solicitor on a No Win No Fee basis. A popular type of these arrangements is referred to as a Conditional Fee Agreement.
These typically mean that if your claim is unsuccessful, you will not be required to pay for your solicitor’s services. If your claim is successful, your solicitor will likely take a success fee.
This is a deduction from your compensation. However, The Conditional Fee Agreements Order 2013 prohibits solicitors from taking more than the percentage that is stated within this.
Hiring a solicitor on this basis can financially benefit you when making your claim. Our experienced panel of solicitors may choose to offer you this agreement. If you have any questions about No Win No Fee, please contact us, and our team of advisors will provide you with free legal advice.
To reach us, please do not hesitate to use the methods listed:
Related Manual Handling Injury Claim Guides
Thank you for reading our guide on claiming compensation after suffering an injury from a lack of manual handling training at work. If you found our guide useful, you can find more of them below:
- Fractured Bone Compensation Claim
- What If I Had No Training To Perform Something That Caused My Accident?
- What Percentage Do Solicitors Take?
For further information, please use the external resources provided: