Manual Handling Injury Compensation Claims.

Manual handling injuries occur when an employee is injured whilst moving, lifting, carrying, pushing, or pulling objects by hand or bodily force. These injuries can affect various parts of the body, including the back, shoulders, neck, arms, and legs, and are often the result of tasks that involve physical exertion or awkward movements. Commonly found in industries such as construction, warehousing, healthcare, and manufacturing, these injuries can range from minor strains and sprains to severe conditions such as herniated discs, torn muscles, or chronic pain syndromes. Manual handling injuries are not limited to those working with heavy objects; they can also occur when dealing with lighter loads if the task is performed improperly or repeatedly over time.

The primary causes of manual handling injuries include:

• Lifting heavy or awkward objects: Lifting items that are too heavy, too large, or difficult to grasp can put excessive strain on the body.
• Repetitive movements: Tasks that involve repetitive actions, such as continuous lifting, reaching or twisting, can lead to overuse injuries like tendonitis.
• Twisting or bending during lifting: Incorrect posture, such as bending at the waist or twisting the body while lifting, increases the risk of injury.
• Using incorrect lifting techniques: Failing to follow proper lifting techniques can lead to acute injuries or long-term damage.
• Inadequate training: Lack of proper training on safe manual handling practices means employees may not be aware of the correct techniques or the risks involved.
• Poor workplace design: Environments that are not ergonomically designed, i.e. poor lighting or uneven surfaces, can make manual handling tasks more hazardous.
• Lack of proper equipment: The absence of necessary equipment like trolleys, hoists, or lifting aids forces employees to perform tasks manually.
• Overexertion: Attempting to lift or move more than one’s physical capacity can lead to acute injuries.
• Unstable or unbalanced loads: Handling items that are unstable can lead to sudden shifts in weight, causing the handler to lose balance or apply uneven force.
• Fatigue and poor physical condition: Workers who are fatigued, unfit, or not adequately rested may be more susceptible to injuries.

Your employer is responsible for several key aspects of manual handling to ensure safety in the workplace. They must conduct thorough risk assessments to identify hazards, minimise or eliminate manual handling tasks where possible, and provide proper training on safe lifting techniques. Employers are also required to supply suitable equipment and maintain a safe work environment, including clear pathways and proper lighting. Ongoing monitoring, regular reviews, and responsive action to employee feedback are essential to address any emerging risks or safety concerns. By meeting these responsibilities, employers help prevent manual handling injuries and comply with legal safety standards.

Your employer may be liable if you are injured while manual handling at work, especially if the injury resulted from their failure to provide a safe working environment or adequate training. Employers have a legal duty under the Manual Handling Operations Regulations 1992 and the Health and Safety at Work Act 1974 to minimise risks associated with manual handling. Liability can arise if they fail to conduct proper risk assessments, provide necessary training, supply appropriate equipment, or maintain a safe work environment. If you are injured due to their negligence in these areas, you may be entitled to compensation, and it is advisable to consult a specialist solicitor to explore your legal options.

Yes, you can still claim compensation even if you are partly to blame for your injury. This is known as “contributory negligence,” where the compensation you receive may be reduced based on your share of the responsibility for the accident. In such cases, the court or the insurance company will assess the circumstances and determine the extent to which each party is at fault.

For example, if your employer failed to provide proper training or equipment, but you also did not follow safety procedures, both you and your employer may share responsibility. If it is determined that you were 20% responsible for the injury, your compensation might be reduced by 20%. It’s important to consult a specialist solicitor who can help assess your case, gather evidence, and negotiate on your behalf to ensure you receive fair compensation despite any shared responsibility for the incident.

Your eligibility to claim depends on a number of things, including whether your injury was caused due to your employer’s negligence, and whether you have the right evidence to support your claim and prove your employer’s negligence. In most cases you will have three years from the date of the injury, or from the date on which you realised the injury was caused by negligence, to begin the claims process. Compensation claims can take varying amounts of time to be resolved, depending on the complexity of the case, the extent of your injuries, and the responsiveness of the involved parties, so the sooner you begin proceedings, the quicker you will receive a resolution.

Making a manual handling injury claim should not affect your employment, as employment laws are designed to protect you from retaliation or unfair treatment for pursuing a claim. It is illegal for an employer to dismiss, demote, or discriminate against you because you have filed a claim for compensation. However, while the law offers protection, you might experience personal or workplace tensions as a result of the claim. Maintaining confidentiality about your claim and managing the process professionally with the help of a specialist solicitor can help to mitigate any potential impact on your work environment. Overall, your employment record and future job prospects should not be negatively affected by making a legitimate claim, although ongoing adjustments related to your injury may be necessary.