Manual handling is defined as the transportation or supporting of a load by hand or through bodily force. The physical nature of manual handling tasks means there is an elevated risk of injury. This guide examines who might be eligible to begin a manual handling injury claim after such an accident.
We provide an overview of the key legislation concerning manual handling in the workplace, as well as explaining the duty of care an employer owes you while you are working. You will also see some example scenarios of how manual handling accidents could occur and the types of injuries you could suffer.
While compensation payouts in personal injury claims can vary greatly, we have provided details on how compensation is calculated as well as explaining the two heads of claim that may form your final settlement. This guide ends by discussing the No Win, No Fee agreement offered by our panel of experienced solicitors and how such a contract could benefit you when making your claim.
Our advisory team are available 24 hours a day, 7 days a week, to provide free legal advice. They can also provide a free consultation regarding your eligibility to begin a manual handling claim. You can speak to a member of our team using the contact information provided here:
- Phone on 0800 408 7827.
- You can also contact us through our online form.
- Alternatively, you can click the live chat button at the bottom of this page.
Browse This Guide
- When Can You Make A Manual Handling Injury Claim?
- How Could You Suffer A Manual Handling Injury?
- What Steps Could Help Prevent Manual Handling Injuries?
- How Much Compensation For A Manual Handling Injury Claim?
- Claim For Manual Handling Injuries On A No Win No Fee Basis
- More Resources About Making A Manual Handling Compensation Claim
When Can You Make A Manual Handling Injury Claim?
The Health and Safety at Work etc Act 1974 imposes a duty of care on all employers to take reasonable steps to keep their workers safe. While this duty will be met in different ways depending on the work being carried out, some examples of the steps your employer could implement include:
- Ensuring all employees have received training to perform their duties, such as manual handling training.
- Perform regular risk and hazard assessments.
- Ensuring that walkways are clear of clutter and any hazards that cannot be removed are clearly signposted.
Additionally, The Manual Handling Operations Regulations 1992 sets out the steps employers should implement to assess, avoid and reduce the risk of injury from manual handling duties.
A failure to uphold this duty of care could lead to workplace accidents where an employee is injured. To be eligible to make a manual handling injury claim, you must be able to prove:
- Your employer owed you a duty of care at the time of the accident.
- They breached this duty of care.
- This breach caused an accident in which you were injured.
For more guidance on who could be eligible to begin an accident at work claim, contact our advisors today using the details provided above. In addition to further information regarding personal injury claims, our team can offer a free consultation regarding your eligibility to claim in your particular circumstances.
How Could You Suffer A Manual Handling Injury?
Below we have detailed some possible scenarios where you could be eligible to begin a manual handling injury claim following a breach of your employer’s duty of care:
- Your employer had failed to provide you with sufficient manual handling training. As a result, you suffer a serious back injury due to improper lifting technique.
- Despite raising your concerns, your employer asked you to carry a load that is recommended to be carried by two people. Due to this, you suffer a strain injury in your back and a dislocated shoulder.
- Your employer asks you to carry a load that is difficult to grasp and quite heavy. Due to this, you accidentally drop the load, and this causes you to suffer a broken foot injury and a hand injury.
These are just a few examples of how a manual handling injury could occur in the workplace. If you have had a manual handling accident, you can speak to our advisors via the details provided below to get more advice on your eligibility to claim compensation.
What Steps Could Help Prevent Manual Handling Injuries?
As we described briefly above, The Manual Handling Operations Regulations 1992 detail how an employer can take steps to minimise the need for manual handling and make any unavoidable manual handling tasks as safe as possible.
The Health and Safety Executive (HSE), who are Britain’s regulator for health and safety within the workplace, has also published guidance on how manual handling at work can be carried out in a way that minimises the risk of injuries. We have briefly outlined these steps below:
- Avoid hazardous manual handling wherever possible through means of automation or mechanical aids.
- Carry out a thorough risk assessment on manual handling that cannot be avoided. Risk factors that should be given consideration include the weight of the load, the surfaces loads must be carried over, the distance those loads must be carried and the frequency of such tasks.
- Reduce the risk of injury by breaking up large loads into smaller loads and modifying the workspace to reduce the need for twisting movements or lifting objects above shoulder height.
- Ensure staff have been given training in proper lifting techniques as well as how to use any mechanical aids.
To see whether you may be eligible to make a manual handling injury claim following an accident in the workplace, you can contact a member of our advisory team.
How Much Compensation For A Manual Handling Injury Claim?
A compensation payout following a successful manual handling injury claim can be comprised of two different heads of loss. The physical and psychological harm caused by the injuries you have suffered is compensated under general damages.
If our advisors decide you have valid grounds to begin a personal injury claim, they can then connect you with one of the specialist work injury solicitors on our panel. One of the tasks a solicitor could assist you with is arranging an independent medical assessment. The report generated from this assessment could be used by those valuing your claim, alongside the Judicial College Guidelines (JCG).
This publication lists various injuries and provides guideline compensation brackets for each. We have taken some brackets relevant to manual handling injuries to use in our table here.
Compensation Table
We would like to emphasise two points regarding this table. First, the top entry is not listed within the JCG, and second, as personal injury claims are assessed individually, this information is intended for guidance purposes only.
| Type of Injury | Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries as well as Special Damages. | Very Severe | Up to £500,000+ | Cases where compensation is awarded for multiple very severe injuries, as well as additional special damages payments for lost earnings, medical treatment, care needs and other expenses. |
| Paralysis | Paraplegia (b) | £219,070 to £284,260 | Compensation awards for paraplegia are influenced by a range of factors including the degree of independence, the level of pain, and the claimant's age and life expectancy. |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | Very serious physical or cognitive disablement resulting in a substantial dependence on others. |
| Back Injuries | Severe (a)(i) | £91,090 to £160,980 | The most severe cases of back injuries where both the spinal cord and nerve roots have been damaged. Severe disabilities such as paralysis and impaired bladder and bowel function will be present. |
| Moderate (b)(i) | £27,760 to £38,780 | An example of this bracket would be a case involving a compression fracture of the lumbar spine with a substantial risk osteoarthritis. | |
| Neck Injuries | Severe (a)(ii) | £65,740 to £130,930 | Serious fractures or cervical disk damage that give rise to disabilities of considerable severity such permanent brachial plexus damage. |
| Wrist Injuries | Complete Loss of Function (a) | £47,620 to £59,860 | Injuries that cause a total loss of wrist function, such as where an arthrodesis has been performed. |
| Foot Injuries | Moderate (f) | £13,740 to £24,990 | Displaced metatarsal fractures that cause continuing symptoms with a risk of long-term osteoarthritis and there will be a permanent deformity. |
| Shoulder Injuries | Serious (b) | £12,770 to £19,200 | Injuries involving damage to the lower part of the brachial plexus with the dislocation of the shoulder causing pain. |
| Hand Injuries | Serious Injury to Ring or Middle Fingers (k) | £10,320 to £16,340 | Fractures or serious injuries to tendons causing stiffness, deformities and permanent loss of grip and dexterity. |
Special Damages
Any monetary losses that you incur from your injuries could be reimbursed as part of your compensation award under special damages. Examples of these costs can include the following:
- Lost income due to medical leave from work.
- If you have been medically advised not to drive, you could claim the costs of public transport to essential appointments.
- The cost of medical treatments that need to be paid out of pocket, such as prescription medications and therapy sessions.
- Care costs if you required at home help with daily tasks, such as cooking and cleaning.
You will need to provide supporting documentation when claiming compensation for financial losses so make sure you have copies of your payslips, travel tickets, care invoices or other documents as evidence you incurred these costs.
If you have any questions regarding how compensation is calculated in manual handling injury claims, or how to sue your employer for an accident at work, you can contact our advisors.
Claim For Manual Handling Injuries On A No Win No Fee Basis
Talk to one of our advisors to get a zero-cost assessment of your eligibility to begin a manual handling injury claim. If our team decides you have a valid claim, one of the experienced personal injury solicitors on our panel could help guide you through the manual handling claims process. Additionally, they may offer their services to you on a No Win No Fee basis.
The type of No Win No Fee contract offered by our panel of solicitors is known as a Conditional Fee Agreement or “CFA.” When instructing a solicitor to represent you under such a contract, there will be no fees to pay upfront or during the personal injury claims process for the solicitor’s work on your claim. You will also not have to pay for the solicitor’s work should the claim be unsuccessful.
Alternatively, if your claim is a success, you will pay your solicitor a success fee, which will be deducted from your compensation. A legal cap limits the percentage your solicitor can take as this fee, and it is usually discussed and agreed upon before your solicitor begins working on your claim.
Contact Us
If you have any questions regarding manual handling accident claims, you can contact a member of our advisory team. They can assess the eligibility of your case, offer you free advice, and potentially connect you with a No Win No Fee solicitor on our panel.
Contact our dedicated advisors today using the contact information provided here:
- Phone on 0800 408 7827.
- You can also contact us through our online form.
- Alternatively, you can click the live chat button at the bottom of this page.
More Resources About Making A Manual Handling Compensation Claim
You can read some of our other manual handling claims guides by following these links:
- Find out how to sue your employer following a broken ankle at work and how compensation is calculated in such claims.
- A manual handling accident could result in a broken finger. You can learn more here.
- If you were injured at the office due to your employer failing to uphold their duty of care, this guide discusses when you may be able to claim compensation.
We have also provided these external links to additional materials:
- You can report a health safety issue to the HSE on their website.
- The NHS has published this resource on how you can know if you have broken a bone following an accident.
- Read more about taking sick leave on the Government website.
Contact our advisors today to see whether you may have a valid manual handling injury claim.