This guide looks at some frequently asked questions about making a manual handling injury compensation claim. We start by looking at the eligibility criteria all manual handling claims must meet in order for them to be considered valid, including the duty of care you are owed by your employer while in the workplace.
Leading from this, we will discuss the risk factors your employer should consider before appointing manual handling tasks and the steps that could be taken to avoid injuries. We will also share some examples of common injuries that could be suffered in manual handling accidents.
Leading from this, we will share the different forms of compensation you could be awarded and how these are calculated. Furthermore, we will explain the time limits that must be adhered to when making a manual handling claim for your injuries.
We end this guide by exploring how one of the specialist solicitors on our panel could help you claim compensation for your injuries and the benefits of working with them on a No Win No Fee basis.
If you have any questions regarding the manual handling claims process or would like to receive free advice for your specific case, you can contact our advisors. They can be reached via any of the following methods:
- Call 0800 408 7825
- Contact us online to receive a callback.
- Ask a question using the live chat pop-up.
Browse Our Guide
- Am I Eligible To Make A Manual Handling Injury Compensation Claim?
- What Are The Risk Factors To Consider When Performing Manual Handling Tasks?
- How Can Manual Handling Injuries Be Prevented In The Workplace?
- What Are The Most Common Manual Handling Injuries?
- What Is The Amount Of Compensation You Could Receive From Manual Handling Injuries?
- Is There A Time Limit For Manual Handling Claims?
- How Long Will It Take To Claim For My Manual Handling Injuries?
- How Can A No Win No Fee Solicitor Help You Make A Manual Handling Injury Compensation Claim?
- More Resources About Claiming Work Injury Compensation
Am I Eligible To Make A Manual Handling Injury Compensation Claim?
Manual handling in the workplace refers to using bodily force to support or transport a load, including lifting, carrying or moving.
In the UK, employers owe their employees a duty of care, as outlined by the Health and Safety at Work etc Act 1974 (HASAWA). This states that employers should take all reasonable and practicable steps to prevent their employees from coming to harm while they are working. This could include:
- Providing all employees with proper training to complete their work duties, such as manual handling training.
- Completing regular risk assessments.
- Providing adequate personal protective equipment (PPE) when required.
In addition to this, the Manual Handling Operations Regulation 1992 provide guidance to employers regarding manual handling. It states that employers should avoid manual handling tasks as far as reasonably possible and assess those that cannot be avoided to help prevent manual handling injuries.
To be able to have a valid manual handling injury compensation claim, you will need to prove that your case meets the following criteria:
- Your employer owed a duty of care to you.
- They breached this duty.
- As a consequence, you suffered an injury.
Examples of Manual Handling Injury
Some examples of how you may suffer a manual handling injury in the workplace include:
- Your employer failed to assess the weight of a box before asking you to carry it by hand. Because of this, you suffer a back injury when attempting to lift this load.
- Despite knowing you have received no manual handling training, your employer still asks you to perform these duties. This causes you to suffer multiple injuries, including a dislocated shoulder and a hand injury.
- Your employer asks you to move a load by yourself, despite knowing that this load needs to be transported by two people for it to be safe. Due to this, you suffer a foot injury when you drop the load on your foot.
To see whether you may be eligible to make a personal injury claim if you suffered a manual handling injury at work, you can contact our team of advisors.
What Are The Risk Factors To Consider When Performing Manual Handling Tasks?
There are various risk factors that your employer should consider when assigning manual handling tasks as part of your work duties.
As aforementioned, your employer should avoid any manual handling operations where possible. They can do this by redesigning the task to avoid having to move the load. They can also mechanism or automate the process.
Employers should assess any manual handling tasks that cannot be avoided. The Health and Safety Executive (HSE) is Britain’s regulator for workplace safety. They provide some guidance to employers on what they should assess. This includes:
- The weight of the load.
- How far the load is being carried, lifted or lowered.
- The work environment – e.g. whether the floor surfaces are poor or if there is adequate lighting.
- The postures adopted.
- The workers’ strength and if they suffer from any underlying medical conditions.
To see whether you may be eligible to make a manual handling compensation claim, you can contact a member of our advisory team for a free eligibility case check.
How Can Manual Handling Injuries Be Prevented In The Workplace?
As previously discussed, your employer should avoid any manual handling operations where reasonably possible. If they cannot be avoided, the tasks should be risk-assessed.
There are various things your employer could do to help prevent or reduce the risk of manual handling injuries in the workplace. Some examples that the HSE provide include:
- Breaking up larger consignments into smaller loads.
- Improving the work environment – e.g. extra lighting, more space, suitable flooring etc.
- Making loads easier to grasp or smaller.
- Ensuring the person who is performing the task as received training on how to lift as safely as possible.
- Modifying the workplace to reduce twisting movements and carrying distances.
If you have any questions about the eligibility requirements for manual handling injury claims, you can contact a member of our advisory team.
What Are The Most Common Manual Handling Injuries?
There are various different manual handling injuries you could suffer in the workplace. These could include, but are not limited to:
- Back injuries, such as ligament ruptures or soft tissue injuries.
- Work-related musculoskeletal disorders and injuries.
- Foot injuries, such as breaks or fractures due to dropping a load.
- Upper limb injuries, such as dislocations and sprains.
These are only a few examples. If you have suffered an injury in an accident at work and would like to know whether you could make a manual handling injury compensation claim, you can contact a member of our advisory team.
What Is The Amount Of Compensation You Could Receive From Manual Handling Injuries?
How much compensation you could receive for making a successful manual handling injury compensation claim will be affected by the various factors of your case, such as:
- The severity and nature of your injury.
- The recovery period.
- What treatment is needed.
However, your settlement will contain the head of loss known as general damages if you are successfully awarded compensation. This provides you with compensation the the physical and mental pain your injuries have caused you.
Those responsible for calculating your compensation for general damages may refer to the Judicial College Guidelines (JCG). This document contains compensation guideline brackets for a range of injuries.
We have used some of these guidelines within the following table, aside from the first entry. Please only refer to it as a guide.
Compensation Table
Nature of Injury | Severity | Award Bracket Guidelines |
---|---|---|
Multiple Severe Injuries with Special Damages | Severe | Up to £250,000+ |
Back injury | Severe (i) | £91,090 to £160,980 |
Moderate (i) | £27,760 to £38,780 | |
Minor (i) | £7,890 to £12,510 | |
Arm | Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 |
Leg | Less Serious Leg Injuries (i) | £17,960 to £27,760 |
Foot | Moderate | £13,740 to £24,990 |
Wrist | Less Severe | £12,590 to £24,500 |
Shoulder | Serious | £12,770 to £19,200 |
What Financial Losses Can You Claim For?
You may also be able to receive special damages as part of your compensation, This secondary head of loss provides claimants with compensation for the monetary losses their injuries have caused them to experience.
To be able to claim under this head, you will need to present evidence of the losses you are claiming for. This may include:
- Payslips that show a loss of earnings because you needed to take time off work.
- Receipts of any prescription fees or costs for over-the-counter pain relief.
- Bus or train tickets to essential appointments.
- Invoices for any care costs you have accumulated due to needing at-home care.
One of the personal injury lawyers on our panel could help you with gathering this evidence. To see if you may be eligible to work with one of them for your manual handling injury compensation claim, you can contact our advisors.
Is There A Time Limit For Manual Handling Claims?
There is a 3-year time limit that all personal injury claims must be started within, as outlined in the Limitation Act 1980. This runs from the date of the accident that injured you.
However, certain exceptions can be made. These apply to:
- Those injured under the age of 18 are unable to make their own claim until they become 18. From which, the three year time limit for beginning a claim will run. While they are unable to make their own claim, a litigation friend could start the process on their behalf.
- If someone lacks the needed mental capacity to handle their own legal proceedings, the time limit will be suspended and a litigation friend could claim compensation on their behalf. Should the person later regain this required capacity, and no claim has been started on their behalf, they will have three years to make their own claim from the date of this recovery.
If you have any questions regarding the time limit for personal injury claims, you can contact a member of our advisory team.
How Long Will It Take To Claim For My Manual Handling Injuries?
There is no set time for how long your manual handling injury claim will take to settle. This timeframe will be affected by various factors, such as:
- The extent of your injuries and how long it takes to obtain supporting medical evidence needed from any specialists.
- The length of the recovery plan.
- Whether the employer accepts or denies liability for the injury.
- How long it takes your employers or their insurers to respond to requests for information.
A personal injury solicitor could help guide you through the claiming process if you decide to work with one. Contact our advisors to see whether you may be eligible to work with one of the solicitors on our panel.
Can A No Win No Fee Solicitor Help You Make A Manual Handling Injury Compensation Claim?
If you have suffered an injury in a manual handling accident, one of the solicitors on our panel could help you with making a personal injury claim, provided you meet the criteria.
Additionally, the solicitors on our panel generally offer to represent their clients on a No Win No Fee basis under a Conditional Fee Agreement.
Under the terms of a CFA, some of the benefits include:
- No upfront costs to pay for your solicitor’s services.
- No ongoing fees to pay for your solicitor’s ongoing work.
- Nothing to pay for the services your solicitor has provided if the claim is not a success.
- A success fee will be taken from your compensation if your claim is a success. This is a small percentage that is limited by the law.
To see whether you may be able to work with one of the No Win No Fee solicitors on our panel for your manual handling injury compensation claim, you can contact our advisors. They can be reached via any of the following methods:
- Call 0800 408 7825
- Contact us online to receive a callback.
- Talk about your claim using the live chat pop-up.
More Resources About Claiming Work Injury Compensation
Other accident at work claims guides by us:
- Some further examples of compensation amounts for manual handling claims in the UK.
- Read how a spinal and back injury compensation calculator could help you in this guide.
- Find out more about the manual handling claims process here.
Additional external resources:
- Guidance on when you may be able to receive statutory sick pay (SSP) from Gov.UK.
- Guidance on good handling techniques from the HSE.
- A guide regarding back pain from the NHS.
If you have any questions regarding how to make a manual handling injury compensation claim, you can contact one of our advisors.