Your work may require you to lift and transport a lot of heavy loads on a regular basis. It is important that if you are expected to carry out manual handling tasks, that your employer not only provides you with the correct training on how to do it safely but ensure each task is risk-assessed.
If your employer fails to take these reasonable and necessary steps in order to keep you safe, it is possible that you could suffer a manual handling injury. You can read this guide to learn how to make manual handling claims and how compensation for successful cases is calculated.
To find out if you are eligible to claim manual injury compensation, why not give our advisors a quick call on the number below. They can assess your claim for free without any obligation to proceed to verify if you have the right to make an accident at work claim.
For more information, you can contact us:
- Call on 0800 408 7825.
- Contact us online.
- Talk to us directly using the live chat feature.
Jump To A Section
- What Is A Manual Handling Injury?
- Am I Eligible To Make A Manual Handling Claim?
- Examples Of Manual Handling Accidents
- What Compensation Could I Get For A Manual Handling Injury?
- How To Start Manual Handling Claims
- Can A Manual Handling Accident Claim Affect My Employment?
- How Can Our Panel Of Solicitors Help?
- Learn More
What Is A Manual Handling Injury?
Manual handling means any activity related to the lifting, carrying, pushing or pulling of heavy objects. This is more common in factories, construction work and delivery services. Therefore, a manual handling injury often affects your bones, ligaments and muscles, as well as the nerves. all of which can lead to musculoskeletal disorders (MSD).
Some common manual handling injuries for which you claim compensation include:
Injuries To The Back, Neck And Spine
You could suffer injuries to the back, spine or even your neck if you lift heavy objects incorrectly.
Strains And Sprains
A sprain could occur due to sudden movements or over-exertion of one body part.
Hernias
Sudden lifting of heavy objects or doing so with poor posture could result in hernia injuries.
Hand, Feet And Wrist Injuries
Improper lifting of heavy loads could lead to broken fingers or toes, scratches due to sharp edges, sprains and strains and bruising.
How Common Are Manual Handling Injuries?
The Health and Safety Executive (HSE), Britain’s workplace health and safety regulator, has released statistics reporting that as of 2023-2024, 543,000 workers in Great Britain suffer from work-related musculoskeletal disorders. According to the survey, workers reported musculoskeletal injuries in the following body parts:
- Back (43%)
- Neck and upper limbs (37%)
- Lower limbs (20%)
Workplaces lost a total of 7.8 million working days due to these cases of musculoskeletal disorders.
Irrespective of the nature of your injuries, you can speak to us for more information and statistics related to manual handling claims.
Am I Eligible To Make A Manual Handling Claim?
Your employer has to take reasonable steps to ensure the safety and well-being of their employees. This responsibility is what is known as the duty of care, as per the Health and Safety at Work etc. Act 1974 (HASAWA). Employers must conduct risk assessments and provide safety equipment to employees.
We also have the Manual Handling Operations Regulations 1992, which specifically deal with professions involving manual handling. Under these regulations, employers must assess the following factors before allotting manual handling tasks:
Firstly, employers should avoid hazardous manual handling tasks as is reasonably practicable.
Secondly, employers should always assess hazardous manual handling tasks that cannot be avoided
Thirdly, employers need to reduce the risk of injury as is reasonably practicable.
Employers are supposed to conduct risk assessments to determine whether manual handling tasks could be avoided. Employers must take all precautions to reduce the risk of injuries. For Example: Providing extensive training and strong lifting equipment to prevent back injuries.
Therefore, for eligible manual handling injury claims, you need to demonstrate the following:
- Your employer had a duty of care towards you.
- They breached this duty.
- You suffered a manual handling injury as a consequence of the breach.
Can I Still Claim If I Am Partially Responsible?
You can still make a manual injury claim if you’re partially at fault. However, you’ll still have to demonstrate your employer’s liability according to the above criteria. Depending on the extent to which you were responsible for your injury, your compensation will be awarded. For Example: If the court finds you to be 25% at fault, you’ll receive 75% of the compensation amount. This is known as contributory negligence.
Can I Still Claim If I’m Self-Employed?
Although self-employed workers may not have all of the same rights as employees, they do have the right to make a workplace injury claim. The company or organisation hiring you is responsible for ensuring your safety, and the same eligibility criteria will apply.
Do not hesitate to contact our advisors for more information on your rights after an accident at work.
Examples Of Manual Handling Accidents
There are many scenarios which could lead to manual handling accidents, such as:
- Your employer instructs you to transport a load which is meant to be carried by two people. Due to the heavy weight, you drop the load and suffer a foot injury.
- Even after carrying large loads continuously for several hours, you get no time to rest. This results in soft tissue injuries.
- Due to the lack of proper training in manual handling, you carry a load incorrectly and suffer a back injury.
Get in touch now for a free consultation and more information on manual handling claims.
What Compensation Could I Get For A Manual Handling Injury?
In successful manual handling claims, your compensation may include two heads:
- General Damages: This head compensates you for your physical and psychological injuries.
- Special Damages: This head compensates you for the financial losses you’ve suffered because of your injuries.
For general damages, legal experts usually refer to the Judicial College guidelines (JCG). This is a document which provides a list of injuries and the compensation brackets corresponding to them.
The table below summarises some of the relevant JCG figures. However, the top row hasn’t been taken from this document. You must use this table only for guidance since the compensation you may receive varies depending on the facts of your claim.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000 |
| Neck Injuries- Severe (ii) | £80,240 to £159,770 |
| Neck Injuries- Severe (iii) | £55,500 to £68,330 |
| Back Injuries- Severe (ii) | £90,510 to £107,910 |
| Back Injuries-Severe (iii) | £47,320 to £85,100 |
| Hernia Injury- Severe (a) | £18,180 to £29,490 |
| Shoulder Injury- Serious | £15,580 to £23,430 |
| Shoulder Injury- Moderate | £9,630 to £15,580 |
| Foot Injury- Modest | Up to £16,770 |
| Hand Injury- Index Finger Fracture | £11,120 to £14,930 |
Here are some of the special damages or financial losses which you may be able to include in your claim:
- Loss of earnings due to demotion or losing your job.
- Medical expenses, including the cost of travelling to and from appointments
- Professional care and disability support
- Care provided by a family member
For special damages, you’ll have to provide financial evidence such as payslips, invoices and bank statements.
Interim Payments
An interim payment is an advanced payment of a proportion of the compensation which you would receive. You may apply for interim payments if:
- Your employer has accepted liability, or there is a reasonable chance of the court holding them liable if the matter goes into litigation.
- You’re unable to deal with the costs which may arise while you’re waiting for a settlement, such as rent or mortgage payments.
- There is an urgent need for assistance with any costs that arise due to your injury, such as emergency medical costs.
The amount you request must be reasonable, and you’ll have to provide medical and financial evidence.
For further clarity on compensation for your manual handling claim, you can use our accident at work claim calculator or speak to our advisors.
How To Start Manual Handling Claims
If you suffer a manual handling injury, you must seek immediate medical attention and report the accident to your supervisor. The incident should also be recorded in the accident book. Taking these steps will help create a record of your injuries, which will be useful as evidence in your manual handling claim.
What Evidence Will Help My Claim?
Collecting evidence is an important step to ensure successful manual handling claims. Here are some examples of the evidence you could use:
- Medical records
- CCTV footage
- Photographs of visible injuries and the accident site
- Details from the report made in the accident book
- Contact details of eyewitnesses to prepare witness statements
How Long Will It Take Before I Receive Compensation?
There is no definite answer for how long it will take to receive compensation for your manual handling injuries. The time for your settlement will depend on various factors like:
- How strong your evidence is
- Whether your employer accepts liability
- Negotiations related to the settlement amount
- The severity of your injuries
Will My Employer Cover My Compensation If I Win?
Your employer is required to have employers’ liability insurance in place. This is a mandatory requirement to protect employers in accident at work claims. If your employer has to pay you compensation, it will be through this insurance.
What Will Happen If My Case Is Unsuccessful?
You may be concerned about the legal costs related to appointing a solicitor. However, there’s nothing to worry about since the No Win No Fee solicitors on our panel offer their services on a Conditional Fee Agreement (CFA) model. Under this agreement, you won’t have to pay your manual injury solicitor for their work:
- Upfront or in the beginning
- While your claim is pending
- If your claim is unsuccessful
In the event that you receive compensation, your solicitor will charge a pre-determined percentage of the amount, known as the success fee. There is a legal limit on this percentage to ensure that you retain a fair amount of money.
If you choose to make your claim with one of the solicitors from our panel, you’ll also get the option of purchasing after the event (ATE) insurance. Your ATE insurance will cover the costs which your solicitor had to undertake in pursuance of your claim, such as court fees.
Your solicitor will purchase this insurance on your behalf before starting your claim, so you need not worry about the process. As explained above, there are no upfront costs involved.
Can A Manual Handling Accident Claim Affect My Employment?
Your employer has a legal duty to ensure your well-being, and you have the right to seek compensation for workplace injuries. If you are wondering if you can be sacked for having an accident at work, speak to us now.
How Can Our Panel Of Solicitors Help?
Although it isn’t mandatory to make your claim with a solicitor, seeking expert guidance would help to make the process easier. Here are the following ways in which your manual injury solicitor can help:
- Explaining complicated legal terms.
- Compiling evidence.
- Providing regular updates on your case.
- Notifying various authorities on your behalf.
- Communicating with your employer.
- Valuing your claim and negotiating your compensation.
Contact Us
You can reach out to us now to get in touch with a solicitor from our panel:
- Call on 0800 408 7825.
- Contact us online.
- Talk to us directly using the live chat feature.
Learn More
Thank you for reading our guide on manual handling claims. You can also read some of our other guides:
- Information on construction injury claims.
- Our guide on scaffolding accident claims.
- Details on making a chest injury claim.
You can also go through these external links:
- Government guidance on statutory sick pay (SSP).
- Information from the HSE on temporary workers.
- Details from the NHS on a broken leg.
