When Can You Make A Manual Handling Accident Claim?
This guide will explain who could make a manual handling accident claim for a workplace injury. Personal injury claims after an accident at work are eligible if employees are injured because their employer was negligent.
Manual handling refers to a wide variety of tasks, i.e. lifting, carrying, pushing or pulling. You could be moving items that are heavy and bulky or awkward items, so it is vital that your employer ensures you have had manual handling training before you attempt these tasks. Should the employer fail to train you correctly on how to do your job safely they could be liable should you injure yourself as a consequence.
This guide will look closely at the eligibility criteria for making a personal injury claim after an injury suffered while at work, what duty of care employers have towards their employees, how compensation is calculated for successful claims and the benefits of working with a solicitor via a No Win No Fee agreement.
Our advisors can provide even more knowledge and assess your potential claim. We do not charge for talking to us, so come and get free guidance by:
Browse Our Guide
- When Can I Make A Manual Handling Accident At Work Claim?
- Common Causes Of Manual Handling Accidents At Work
- What Evidence Could Help Me In Manual Handling Injury Claims?
- How Much Compensation Could I Get From A Manual Handling Accident Claim?
- Make A No Win No Fee Manual Handling Accident Claim
- Learn More About Claiming For Injuries Caused By Manual Handling At Work
The employer’s duty of care is to take all reasonable and practicable steps required to keep employees safe. Section 2 of the Health and Safety at Work etc. Act 1974 sets out this duty. If you were injured because an employer did not take reasonable measures, like ensuring machinery functions correctly or providing necessary training, you may have grounds to claim compensation.
To be eligible for a personal injury claim following an injury caused by a manual handling accident, you must be able to show:
- Your employer owed you a duty of care.
- They breached that duty.
- This led to an accident which inflicted physical and/or mental harm.
Our advisors can discuss your experience in detail and let you know whether you could start a claim. Just call the number at the top of this guide or send a message online to get started.
This section provides examples of employer negligence contributing to accidents at work. In each case, the employer breaches their duty of care through actions or inactions and an employee is harmed.
- A delivery service sends one employee to deliver a heavy object despite a risk assessment saying multiple people were needed. The employee is unable to hold on, and the object crushes their foot by falling on it.
- An employee is carrying boxes across a warehouse when they slip on water that has pooled on the floor, suffering a fractured arm and broken wrist. The spill was not signposted or cordoned, and the employee was not warned.
- Employees are tasked with carrying containers of extremely hot liquids without training on correct manual handling. One container tips and an employee’s leg is badly burned.
- An employee is not provided with any equipment to help them carry their load and is overburdened. They wrench their back and suffer a serious injury.
Should you find that your situation is similar to one of the above, you can talk to our advisors today about your chances of making a manual handling accident claim or drop us a message on the live chat tab below.
It may not be possible to succeed with a manual handling accident claim without supporting evidence. You should gather any proof that highlights employer negligence or its connection to injuries you have suffered. Evidence that can prove effective in a claim includes:
- CCTV footage of the incident and its cause.
- Photos of the accident scene.
- Medical records.
- A copy of a workplace accident book entry.
- Witness contact information.
Our advisors can further explain the importance of evidence and fill you in on the ways our solicitors help claimants collect and present proof during a case.
By presenting a case backed up by evidence that ties employer negligence to your accident at work and subsequent harm, you could be awarded a settlement.
At least part of this settlement compensates you for physical pain and mental suffering inflicted due to injuries. This is referred to as general damages, one of up to two heads of claim that can make up the compensation you receive.
Legal professionals value injuries for the purpose of calculating a payout. A medical report that outlines their nature and severity could contribute to the calculation. Previous amounts awarded in court cases also give some guidance, which is where professionals may refer to the Judicial College Guidelines. We have placed figures from this document into the table you can see below, outlining guideline compensation brackets for injuries that could be suffered in a manual handling accident.
This table can be used as a guide or an alternative to a compensation calculator. However, it does not guarantee a figure you would be awarded in a manual handling accident claim.
|Back - Severe (i)||£91,090 to £160,980||Most severe injury involving damage to the spinal cord and nerve roots.|
|Back - Severe (ii)||£74,160 to £88,430||Nerve root damage with associated loss of sensation, impaired mobility, impaired bladder and bowel function.|
|Neck - Severe (i)||In the region of £148,330||Often such an injury will inflict permanent spastic quadriparesis or another form of paresis.|
|Scarring To Other Parts Of The Body - Burns||Likely to exceed £104,830||The £104,830 figure may be exceeded if burns are significant and cover over 40% of the body.|
|Head - Moderate (iii)||£43,060 to £90,720||Injury causes a reduction in ability to work and self-dependence, also affecting the likes of memory and focus.|
|Foot - Severe||£41,970 to £70,030||Injuries in this bracket include unusually serious damage to one foot.|
|Wrist (a)||£47,620 to £59,860||Wrist function is lost completely.|
|Arm (b)||£39,170 to £59,860||Serious fractures, either to one forearm or both, causing substantial and permanent disability.|
|Elbow (a)||£39,170 to £54,830||An injury judged to be severely disabling.|
|Shoulder (a)||£19,200 to £48,030||Typically related to brachial plexus damage and leading to disability.|
Claiming Financial Losses In A Manual Handling Accident Claim
The second head of claim, which is possible to claim if general damages are awarded, is special damages. Its goal is to redress financial losses caused by injuries, including those the claimant will face in the future. Some examples of this are:
- Prescription costs.
- Personal care fees.
- Home or vehicle adaptations.
- Mobility aids.
- Travel made necessary by injuries.
- A loss of earnings
You must provide evidence to support special damages, so make sure you keep all relevant receipts, invoices and payslips. Our advisors can offer more advice if you call or get in touch online.
You could find that your manual handling accident claim benefits from the expert input of a solicitor with experience in personal injury claims. Our solicitors navigate claimants through the legal process and stay in touch throughout, while offering their service under a Conditional Fee Agreement (CFA.)
As a form of No Win No Fee contract, a CFA ensures no charge for the solicitor’s work:
- During the case;
- At any stage of a losing claim.
The solicitor captures a success fee if the case wins and the claimant receives compensation. Importantly for the claimant, the payment is a small percentage taken from the compensation that is capped by The Conditional Fee Agreements Order 2013. Our solicitors discuss every case clearly and transparently – as such, you and your solicitor would agree on the success fee before the claim commences.
If you have any questions about this process or the details of your possible claim, speak to our advisors today. Their consultation and case assessment are completely free of charge. Your case will only be referred to one of our solicitors if an advisor identifies a legitimate claim.
Speak to us today through any of these three routes:
Here are some further guides we have produced:
- Claims for road traffic accidents.
- Seeking compensation after an accident in a public place.
- An introduction to medical negligence claims.
These resources may be helpful after an accident:
- NHS – How to get your medical records.
- GOV.UK – Statutory Sick Pay information.
- Health and Safety Executive – Guidance on workplace health and safety.
Thank you for looking at our guide to making a manual handling accident claim.