manual handling claims solicitors

How can I claim for a manual handling injury at work?

To claim for a manual handling injury at work, you must first establish that the injury occurred due to negligence on behalf of your employer. This might include a lack of proper training, insufficient risk assessment, or the actions of another employee. Generally, you have three years from the date of the injury to make a claim.

Next, you should consult with specialist workplace accident solicitors who can advise you on your legal rights and guide you through the process of claiming compensation. They will help you gather evidence to support your claim, which may include medical records, witness statements, and details of any training records at work. Once all the relevant evidence has been collected, your solicitor will assess the impact of the injury on your earnings and long-term livelihood to propose a fair compensation amount.

The claim is then made against your employer’s liability insurance. If your employer accepts responsibility, you will receive your compensation payment. If your claim is unsuccessful, you won’t have to pay any legal fees due to the no win, no fee agreement that is typically established at the start of the claim process.

Can I claim if my employer failed to provide me with appropriate training or risk assessment?

Yes, you can claim compensation if your employer did not provide you with appropriate training or conduct a risk assessment to keep you safe. This is part of your employer’s responsibilities under the Manual Handling Operations Regulations. If you suffer an injury as a result of this negligence, you are generally allowed to make a claim within three years from the date of the injury. The claim can be made even if another employee caused the injury and it can be done on a no win, no fee basis.

Is it possible to make a claim if another colleague was responsible for the injury?

Yes, it is feasible to make a claim for compensation if another employee was the cause of the injury. This is because your employer is responsible for ensuring your safety in the workplace. Regardless of whether the injury was caused by another staff member, the obligation remains with the employer. Therefore, in such cases, the fault would be attributed to your employer and they would be expected to compensate for the injury.

Can I make a claim on a no win, no fee basis?

Yes, you can make a manual handling claim on a no win, no fee basis. This means that there is no financial risk for you if the claim is unsuccessful. The fee is only applicable on the condition that your claim is successful. In such cases, the majority of the legal costs are covered by the other party, typically their insurer, while the law firm takes a fixed and agreed percentage of your compensation. In the unlikely event that you do not win, you will not be required to pay anything.

Is it possible to claim compensation for back injuries due to manual handling at work?

Yes, it is possible to claim compensation for back injuries due to manual handling at work. If an individual has suffered an injury from a manual handling accident in the workplace and it wasn’t their fault, they can start a claim for compensation. Under the Manual Handling Operations Regulations, employers are required to ensure the safety of their employees, including providing adequate training and risk assessments. If these have not been provided and an injury occurs, a claim can be made. The claim must generally be made within three years from the date of the injury.

Compensation claims can be made even if another employee caused the injury. Also, claims can be made on a ‘no win, no fee’ basis. The amount of compensation one can claim for a manual handling accident depends on various factors, including the severity of the injuries, their impact on the individual’s life, and any costs incurred due to the injury.

For instance, back injuries resulting in permanent symptoms can be worth as much as £55,000 and neck injuries leading to serious damage can be worth as much as £100,000. However, there is no specific compensation amount for a manual handling injury, with recommended amounts based on injuries to specific body parts.

Is it feasible to claim compensation for a crush injury at work?

Yes, it is indeed feasible to claim compensation for a crush injury at the workplace. This can be done if you can provide evidence that the injury was caused by your employer’s negligence in their duty of care towards you. It’s important to remember that your employer is required to keep you safe under the Manual Handling Operations Regulations. You can also make a claim if the injury was caused by a fellow employee. Furthermore, these claims can be made on a no win, no fee basis, which means that if you don’t win the case, you won’t have to pay anything. However, the amount of compensation you may be able to claim will depend on several factors, including the severity of your injuries and their impact on your life.

Can I claim for injuries caused by defective machinery at work?

Yes, you can claim for injuries caused by defective machinery at work. According to the Manual Handling Operations Regulations, your employer is required to provide a safe workspace, which includes suitable equipment. If this duty has been neglected and you have been injured as a result, you can make a claim for compensation. It’s key to remember that you generally have three years from the date of the injury to make a claim.

Can I seek compensation for injuries due to lack of proper training at work?

Yes, you can seek compensation for injuries sustained due to a lack of proper training at work. According to the Manual Handling Operations Regulations, employers are required to ensure their employees’ safety by providing a safe workspace. This includes giving adequate training and carrying out risk assessments to prevent injuries during manual handling, particularly when dealing with heavy loads. If your employer has not adhered to these regulations and you’ve suffered an injury as a result, you can make a claim for compensation.

You can initiate a manual handling accident claim if you can prove that your injuries were a direct result of your employer’s negligence in their duty of care. It is important to note that you generally have up to three years from the date of the injury to make your claim. It is also possible to pursue a claim on a no win, no fee basis.

What are my employer’s obligations regarding manual handling?

Your employer has a duty to safeguard your health under the Manual Handling Operations Regulations. This means they should ensure you have a safe workspace, proper equipment, and sufficient training to prevent injuries when manually handling items, particularly heavy ones. Employers are required to carry out risk assessments and act on their recommendations to reduce the risk of injury.

According to the Health and Safety at Work Act 1974, employers are required to regularly evaluate the workspace to prevent unnecessary manual handling and to carry out a risk assessment for any manual handling that could potentially cause injury. They are also expected to reduce the risk of manual handling, for instance, by providing suitable equipment. As per the Manual Handling Operations Regulations 1992, employers are required to carry out a risk assessment when manual handling is unavoidable and take actions based on the assessment’s recommendations.

Additionally, the risk assessment should consider the employees themselves and the impact that manual handling can have on individuals. It should cover aspects like the worker’s strength and abilities, the frequency of manual handling, the size and weight of the items, and the distance objects need to move. Employers are also required to provide adequate breaks and if there are ways to prevent risk, such as providing equipment to help with heavy loads, they should do so.

What are the most common types of manual handling injuries at workplace?

The most common types of manual handling injuries in the workplace are sprains and strains. These can lead to short or long-term discomfort. Other frequent injuries resulting from poor manual handling include fractures, hernia due to strain, injuries to the upper and lower limb muscles, internal injuries, and problems with the back and neck. These injuries are often associated with tasks such as lifting, putting down, carrying, pushing or pulling items without the correct equipment or training. Certain workplaces, such as warehouses and construction sites, may pose higher risks for manual handling injuries.