How To Make Manual Handling Claims For Accidents At Work

Manual-Handling-Claims

Manual Handling Claims

Manual handling refers to a wide variety of tasks, such as lifting, lowering, carrying, pushing and pulling. According to the Health and Safety Executive statistics, injuries caused by manual handling made up 18% of all non-fatal injuries in the workplace in Britain during 2021/22. 

This guide will give you all the information you need about manual handling claims and how to begin one.

We will begin by looking at examples of manual handling accidents which could occur in the workplace and what injuries you could sustain. We will also examine how you could collect evidence to support your case. Below you will find a table that contains compensation guidelines amounts and an explanation of what damages you could claim should your manual handling injury claim be successful.

Finally, this guide will explain the benefits of working with a No Win No Fee solicitor and how the success of your case determines whether a solicitor is paid for the services they provide. 

To find out more about any of the topics discussed in this guide, contact our advisors by:

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How To Make Manual Handling Claims For Accidents At Work 

Your employer owes you and all other employees working for them a duty of care. The steps they must take to uphold this duty are outlined in the Health and Safety at Work etc. Act 1974. 

As far as is reasonably practicable, your employer must:

  • Address any hazards in the workplace promptly
  • Provide proper training and PPE
  • Maintain work equipment to make sure it is safe for use
  • Provide a workplace which is safe.

If your employer breaches health and safety law and you sustain an injury, this is known as negligence and could give you grounds to make a workplace injury claim. 

For example, an employer has employed a new employee and still needs to give them manual handling training. This employee is immediately given a manual handling job and sustains a back injury. This employee would potentially be able to claim against their employer on the grounds that they were asked to do a job they were not trained for.  

Time Limits On Manual Handling Claims

Generally, the time limit on starting manual handling claims is three years from the date you were injured. This limit is outlined in the Limitation Act 1980.

If you were under eighteen at the time of your injury or lack the mental capacity to begin your own claim, there are some exceptions to the three-year rule. 

If you fit into either of these categories or have any questions about time limits, please contact one of our advisors for more information. 

Examples Of Manual Handling Accidents At Work

The Manual Handling Regulations 1992 provides guidance and rules for employers when their employees are expected to carry out such tasks. Manual handling injuries are common in workplaces.

Some examples of manual handling accidents and what injuries they can cause include:

  • Employees are not being provided with equipment when lifting heavy objects, therefore, sustaining back and neck injuries. 
  • A risk assessment is not completed, and while carrying objects across the floor, an employee trips over trailing wires, causing a fractured arm.
  • An employee has a pre-existing back injury yet is told to move and lift items on a shop floor. This exacerbates and accelerates the initial injury. 
  • Due to a lack of proper training, an employee loads a forklift truck incorrectly, which causes it to topple over and crush the employee’s right leg. 

Contact an advisor today to learn more about which kinds of accidents could necessitate manual handling claims.

Evidence Supporting Manual Handling Claims

Successful manual handling claims are always supported by sufficient evidence. Collecting evidence is extremely important to prove liability. 

Some steps you can take towards collecting evidence include:

  • Requesting CCTV footage of your accident
  • Keeping a diary of your treatment and symptoms
  • Taking down the contact details of any potential witnesses
  • Seeking medical care and requesting your records
  • Taking photos of your injury and the accident scene.

Locating the right evidence for manual handling claims can be daunting and complex. The solicitors from our panel have years of experience collecting evidence for personal injury claims and could help you too. 

Contact an advisor today using the details above to find out if you are eligible to make manual handling compensation claims after an accident at work. 

Estimating Payouts For Workplace Manual Handling Accident Claims

Successful manual handling personal injury claims will be awarded compensation under two heads of claim. These heads of claim are called general damages and special damages. 

General damages compensate you for any pain and or suffering you experienced because of your injury. Using the Judicial College Guidelines, solicitors calculate how much general damages compensation an injury could be worth. 

The figures in the table are from these guidelines. They are not guaranteed because of the varying nature of personal injury claims. 

Compensation Guidelines

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Injury Severity Guideline compensation bracket Notes
Neck injury Severe (i) In the region of
£148,330		 The injured party will experience incomplete paraplegia with little to no neck movement.
Neck injury Moderate (ii) £13,740 to
£24,990		 Soft tissue or wrenching type injuries. There will be serious movement limitation.
Back injury Severe (i) £91,090 to £160,980 Severe injury involving damage to the spinal cord and nerve roots.
Back Injury Severe (iii) £38,780 to £69,730 The claimant will experience disc lesions or fractures of discs causing continual discomfort and pain.
Back injury Moderate (ii) £12,510 to £27,760 This category includes back ache, disturbance of ligaments, or prolapsed discs.
Shoulder injury Severe £19,200 to £48,030 Injuries involving the brachial plexus
resulting in significant disability.
Shoulder injury Serious £12,770 to £19,200 Dislocation of the shoulder resulting in pain in shoulder and neck, aching in the elbow.
Shoulder injury Moderate £7,890 to £12,770 There will be limited movement and discomfort for up to two years.
Other arm injuries Permanent and Substantial Disablement £39,170 to £59,860 Serious fractures of one or both forearms.

Examples Of Payouts For Special Damages

Special damages compensate the injured person for any out-of-pocket costs incurred because of their injury. After receiving this award, the claimant should be returned to the financial state they were in before being injured. 

You can claim special damages for present and future medical and care costs, future and present loss of earnings and travel to and from medical appointments. 

Get in touch with one of our advisors to find out more about which kinds of compensation you might be eligible to claim. 

Why Make A Manual Handling Claim With A No Win No Fee Solicitor?

If you have a valid and legitimate manual handling claim, you could opt to work with a solicitor on a No Win No Fee basis. They may offer you a kind of No Win No Fee agreement called a Conditional Fee Agreement. 

Under the terms of this agreement, you do not have to pay your solicitor any upfront fees to enlist their services. You also don’t have to pay them for their work while your case is ongoing. 

If you do not end up winning any compensation, you will not have to pay your solicitor for the work they completed on your case.

However, if you do win, you will owe your solicitor a small percentage of your compensation, which is legally restricted by The Conditional Fee Agreements Order 2013, so you will not be overcharged.

Talk To Our Team

Our team of advisors are here 24/7 to help you with any queries you may have. Their advice is completely free, and you are under no obligation to start a claim if you call. 

You can contact our advisors by: 

Find Out More About Work-Related Manual Handling Accidents

Below we have included some further resources about making a manual handling claim

Who Pays For Your Medical Expenses After An Injury At Work?

Are You Entitled To Full Pay If Injured At Work?

Who Could Be Eligible To Make A Workplace Accident Claim?

Some further external links: 

Get help for your symptoms using NHS 111

Information on slips and trips caused by flooring

An NHS guide on What to do if you fall

Call our advisors if you still have questions about making manual handling claims.