FAQs On Manual Handling Claims
This guide answers commonly asked questions about manual handling claims. We will give you examples of how a manual handling injury could happen and when an employer would be liable for such injuries. We then look at what pieces of legislation protect you, as an employee, while at work.
Furthermore, we provide statistics on workplace accidents from the Health and Safety Executive HSE, Great Britain’s workplace safety regulator. Further to this, we will look at what employers can do to avoid manual handling injuries from occurring in their workplace. Plus, what you could do as an employee to avoid suffering a manual handling injury at work.
Towards the end of this guide, we discuss the time limitations of beginning a manual handling injury claim. We also discuss what our panel of specialist solicitors do to help their claimants on a No Win No Fee basis once they get appointed to a case.
Continue reading to answer your questions about manual handling claims and whether you could make a No Win No Fee claim. If you would like to get in touch with us to talk directly with an advisor about a potential claim and how to claim compensation, please use one of the following contact details:
Jump To A Section
- What Is A Manual Handling Accident?
- Who Is Liable For Manual Handling Claims?
- What Percentage Of Workplace Accidents Are Due To Manual Handling?
- How Can Manual Handling Injuries Be Avoided?
- What Are The Time Limits For Manual Handling Injury Claims?
- No Win No Fee Manual Handling Claims
- Further Resources For Manual Handling Claims
Manual handling includes transporting or supporting a load or item by hand or body. It includes lifting, lowering, pushing, pulling, moving or carrying a load.
Below, you can find examples of how a manual handling accident could happen at work:
- You work in a retail shop and are asked to lift a new box of stock on delivery day. However, you have had no manual handling training given by your employer. Because you have not been properly trained, you lift the box using an incorrect technique and with poor posture. From this, you suffered a herniated disc.
- In a factory, you are asked to carry a heavy and tall load up the stairs. However, the lighting on the stairs has been broken for some time, and your employer has not fixed the issue despite employees reporting it. Because of the poor lighting, you trip or slip and fall down the stairs. You suffer a severe leg injury that may necessitate amputation from the heavy load landing on you.
- You are asked to carry an object in an office by your employer during a redecoration. Despite the object being over the weight limit recommended for one person to manually handle, your employer asks no one else to help you. The weight causes you to drop the object on your foot, leading to a broken foot injury.
Consult our team of advisors to assess your manual handling accident claim for free. They can review the causes of your accident and determine whether you have a valid personal injury claim.
All employers have a legal responsibility to take reasonable steps to protect the safety of their employees in the workplace and reduce workplace injuries. This responsibility is an employer’s duty of care found in the Health and Safety at Work etc. Act 1974.
Thus, employers could be liable for manual handling injury claims if the nature of the circumstances fits this eligibility criteria:
- The employer owed a duty of care at the time of the accident.
- The employer failed to abide by their duty of care.
- From this, an employee was injured.
Later on in this guide, we discuss in particular how an employer could breach their legal duty of care and cause you to have a manual handling injury as a result.
What Legislation Applies To Manual Handling?
In regards to manual handling specifically, the Manual Handling Operations Regulations 1992 addresses the measures that need to be taken by employers to deal with the risks of manual handling at work. These measures are:
- To avoid, as is reasonably practicable, hazardous operations of manual handling.
- Assessing the hazards of manual handling operations that can’t be avoided.
- To reduce, as is reasonably practicable, the risk of any injuries.
Confirm with our advisors today who may be liable for your injury. They can also tell you how to prove liability for your injury compensation claim.
Under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013, certain accidents, incidents, and injuries need to be reported to the HSE. These are then recorded and the HSE produce workplace accident statistics. According to the Health and Safety Executive (HSE) statistics, in 2022/23, 1.8 million people in Great Britain were suffering from a work-related injury or illness. Of those people, 473,000 were affected by a musculoskeletal disorder (MSD).
Accidents at work, therefore, can be common. If you have been affected by an accident at work, reach out to us. Our panel of solicitors has vast experience in representing all types of personal injury cases. See if they can help you today.
Here is what employers can do in order to avoid manual handling injuries from happening and adhere to their duty of care:
- Remove or reduce hazards. Such as poor lighting, trailing cables on the floor, or any other obstructions in the way that could result in a trip and fall.
- Conduct a risk assessment of the weight of the load and the employees’ capabilities.
- Giving sufficient breaks to employees who are doing physical activity for a prolonged period of time.
- Ensuring they are given the appropriate protective equipment when it is necessary. This includes ensuring that all equipment is not defective before giving it to employees.
- Provide adequate manual handling training to all employees so they can safely complete tasks.
What Can I Do To Help As An Employee
Not all manual handling accidents will be the employer’s fault. Under section 7 of the Health and Safety at Work etc. Act 1974, employees also have a duty whilst at work to ensure the safety of themselves and their colleagues. Thus, employees should:
- Report any hazards or defects of equipment to the employer as soon as possible.
- Follow appropriately the training and health and safety guidelines issued by their employer.
- Use all protective equipment given by the employer appropriately and correctly.
If you believe you have adhered to your duty as an employee and have still sustained manual handling injuries from an accident at work, don’t hesitate to contact our advisors today to see if you can claim compensation.
When beginning manual handling claims, the limitation period is usually 3 years. This means that if you are looking to make a manual handling claim, your accident would need to have happened within the last 3 years to be still eligible. This is under the Limitation Act 1980.
However, there are a few exceptions to this time limit. If you were injured at work under the age of 18, or if you lack the mental capacity to claim on your own, then the manual handling claims time limit is paused.
In circumstances where the claims time limit is paused, a litigation friend can be assigned by the courts to represent the claimant. You can be assigned a litigation friend until:
- You turn 18, for which you can make your own claim, and the 3-year time limit begins.
- You regain the mental capacity to be able to make a claim, and again, the 3-year time limit begins.
Our advisors can give you more information on the manual handling claims time limit and about litigation friends.
Once you confirm your claim eligibility with our advisors, they can pass you onto our panel of No Win No Fee solicitors. Our panel of solicitors can then offer to represent you under a Conditional Fee Agreement (CFA). A CFA is a contract type based on a No Win No Fee arrangement.
Why does it benefit you to be represented under a CFA? Because there are no upfront or ongoing fees to pay for the work that your solicitor does for you. Such work entails helping you to collect evidence, such as your medical records to show what medical treatment you have received due to your accident, and carrying out correspondence on your behalf.
If your claim is unsuccessful, you will still not need to pay fees for the work the solicitor has done on your case.
If your claim is successful, instead of paying any fees directly from your pocket, there will be a success fee deducted from your compensation. A success fee is a percentage of your award that the law sets a maximum cap to. By setting this legal cap, the majority of the compensation always goes to the claimant.
Don’t wait if you have been injured in a manual handling accident at work due to your employer. Contact our advisors at a time best for you to see if we can start the manual handling claims process and how much compensation you could be owed. Here is how you can speak to us:
Here are some further resources regarding making a personal injury claim after a manual handling accident at work:
- What to do if your workplace is not admitting liability for your manual handling accident.
- See how much compensation could be awarded for a successful accident at work claim.
- If your injury requires you to have time off work, find out how you can prove your loss of earnings to potentially be compensated for your lost wages.
- Health and Safety Executive (HSE) – their answers to more FAQs about manual handling.
- Gov.UK – find out how to claim Statutory Sick Pay (SSP) if you are taking time off work to recover from your injury.
- NHS – information on what to do after you’ve had a fall.
Thank you for reading our guide today, answering commonly asked questions concerning manual handling claims. We hope you have received the information you were looking for. If not, all of our contact services are open 24/7, and our advisors can support you.