No Win, No FeeInjuries caused by manual handling and heavy lifting in the workplace are fairly common occurrences that can lead to long-term musculoskeletal injuries including sprains, strains and tears. While manual handling is required in many jobs, employers should look at ways of risking associated injuries to their workforce. If you’ve been injured at work because your employer failed to protect you properly, this article on manual handling claims will explain when you might be able to claim compensation. We’ll explain how the claims process works and what manual handling injuries you could claim for.
We have a team of specialists who can help if you’d like to review your chances of being compensated. They’ll conduct a no-obligation consultation where you can ask any questions and you’ll receive free legal advice. If it looks like you have a fair chance of receiving compensation for manual handling injuries, they’ll refer you to one of our personal injury lawyers. If they agree to work for you, you won’t need to pay legal fees upfront as they’ll manage your claim on a No Win, No Fee basis.
Please continue reading if you’d like to learn more about your options or give us a call on 0800 652 1345 to discuss your claim right away.
Am I Entitled to Compensation for a Manual Handling Injury?
Employers have a legal duty to ensure your safety while at work, including minimising risks associated with manual handling tasks. This responsibility is outlined in the Health and Safety at Work Act 1974 and further supported by the Manual Handling Operations Regulations 1992.
As such, a manual handling claim may be possible if:
- Your employer failed to take reasonable steps to reduce manual handling risks.
- An accident or injury occurred as a result of their negligence.
- You suffered physical harm due to the incident.
If you contact our advisors about your manual handling claim, they’ll check whether it looks like your employer breached their duty of care and your entitlement to compensation.
Common Examples of Manual Handling Claims
Manual handling accident claims typically involve injuries sustained due to an employer’s negligence. Common examples include:
- Lifting heavy objects without proper equipment: Injuries caused by employers failing to provide lifting aids like trolleys, hoists, or forklift trucks for heavy or awkward loads.
- Inadequate training: Back injuries, strains, or sprains resulting from employees not being trained properly in safe lifting techniques.
- Carrying awkward or oversized loads: Accidents caused by being asked to move items that obstruct vision causing trips and falls at work, or are too difficult to carry safely.
- Repetitive strain injuries (RSI): Long-term damage from repetitive lifting or moving tasks without rotation or adequate rest breaks.
- Unsafe working conditions: Accidents where items must be moved down slippery staircases, across uneven floors or cluttered rooms.
- Team lifting injuries: Injuries that occur during shared lifting tasks due to a lack of coordination, training, or proper guidance.
If any of the above scenarios match your own and you believe you have a valid manual handling injury claim, please speak to our team today.
What Types of Manual Handling Injuries Can I Claim For?
If you sustain any type of injury caused by manual handling at work, it could lead to a compensation payment if your employer was responsible in some way. Some of the most common manual handling injuries that could result in a claim include:
- Hernias.
- Muscle, tendon or ligament strains, sprains or tears.
- Soft tissue injuries to wrists, arms, legs, shoulders or the neck.
- Chronic pain.
- Back injuries including slipped or herniated discs.
Manual handling injuries could range from short-term injuries that heal within weeks to serious, life-changing conditions. In severe cases, it may impact your ability to work or carry out daily activities. Crucially, if your claim is handled by one of our solicitors, they’ll work to secure the maximum compensation possible to account for your suffering and any ongoing impact on your life.
Industries & Roles Most at Risk of Manual Handling Injuries
It is possible to sustain a manual handling injury in just about any type of job. However, workers in the following jobs or industries might be more likely to make a manual handling claim:
- Construction workers.
- Care home staff.
- Nurses and porters.
- Transport workers.
- Factory workers.
- Agricultural workers.
Please get in touch if you have sustained a manual handling injury and you believe that your employer should compensate you for your suffering.
What Evidence Do I Need for a Manual Handling Injury Claim?
If you decide to claim against your employer, they’re likely to simply pass the case to their insurance company. That means that you will need to convince them about a) how you were injured, b) why your employer was to blame and c) how you’ve suffered. If you can do so, you could receive a compensation payout.
To improve your chances of winning a manual handling claim, the following proof could prove useful:
- Medical records: Having your diagnosis confirmed by a doctor should mean a proper treatment plan will be set up. Additionally, your medical records and X-rays could be used to support your claim.
- Accident report forms: Legally, your employer will need to record details of your injuries in an accident report book. Your copy of the report could help to prove what happened.
- Photographic evidence: Taking pictures of your working conditions, the loads you were moving or the tools you were provided with can be used to demonstrate the cause of your injuries.
- Ask for CCTV footage: If your manual handling accident was captured on CCTV systems, ask for a copy of the footage. Make this a priority as most companies will erase old data within a month or so.
- Emails and correspondence: If you told your employer about your concerns or your injuries, any emails or letters you received in reply should be considered your solicitor.
- Witness statements: Additionally, statements from colleagues relating to your working conditions can be helpful if your employer denies your version of events.
- Financial records: Finally, to claim back any expenses or losses incurred because of your injuries, it’s a good idea to forward wage slips, receipts and bank statements to your employer.
When you call for a free assessment of your claim, your advisor will review any proof you have during the call.
What Is the Time Limit to Make a Manual Handling Injury Claim?
When making a personal injury claim, there is a standard 3-year time limit. For manual handling claims, this will start from the date of your accident if your manual handling injuries were obvious immediately or from your date of knowledge if your injuries weren’t diagnosed until a later date.
There are some benefits to beginning the claims process sooner rather than later including:
- Proof-gathering is usually a lot easier.
- Your solicitor will have plenty of time to arrange for medical reports.
- You might be paid an interim payment before the claim is finalised to cover lost income or to pay for physiotherapy or other immediate medical costs.
There is typically a good of work involved when preparing workplace accident claims so we’d suggest starting the process asap. Doing so means there’s plenty of time to find the proof to support the claim and for your solicitor to arrange a local medical assessment.
How Much Compensation for a Manual Handling Injury Can I Claim?
When claiming compensation for manual handling injuries, you’ll look at how you’ve suffered and if your injuries have led to financial losses. As each claim is unique, we can’t put a value on your claim until your injuries have been properly assessed. However, if your claim is successful, it could include compensation that covers:
- The physical pain caused by your injuries both in the short term and long term.
- Any impact on your mental health such as depression caused by your injuries – See our page on psychological injury claims.
- Any effect your injuries have on your normal social activities, family life or hobbies – See our page on loss of amenity compensation.
- The time spent by someone else supporting you while you were injured.
- Private physiotherapy costs or hospital treatment.
- Travel expenses linked to your medical treatment (or similar).
- Any modifications needed at home or to your vehicle to help you deal with long-term manual handling injuries.
As you can see, there is a lot to consider when making a manual handling claim. If you work with one of our specialist solicitors, they’ll work hard to fully understand the impact of your injuries so that they can try to secure the maximum level of compensation possible.
Can I Claim for Loss of Earnings Due to a Manual Handling Accident?
If you’ve lost income because of a manual handling accident, you may be able to include this in your compensation claim. This could also cover missed overtime or bonuses if your injuries prevented you from working.
To support your claim, you’ll need to provide financial evidence such as recent pay slips, bank statements, or confirmation from your employer detailing your lost income.
For serious or long-term injuries, you may also be entitled to claim for future loss of earnings if your ability to work has been permanently affected.
Will I Need a Solicitor to Claim Manual Handling Compensation?
Even if your employer appears to accept responsibility for your manual handling accident, their insurance provider may still contest liability. They might raise technical legal or medical challenges during negotiations, making the process more complex. While you can pursue a manual handling claim independently, working with a solicitor who specialises in workplace accidents could simplify the process and potentially lead to a higher settlement if your claim is successful.
You shouldn’t be put off from claiming compensation for a manual handling injury because you’re worried about paying solicitor’s fees. That’s because ours work on a No Win, No Fee basis for any claim they work on.
As a result, you won’t be asked to pay any legal fees upfront or if the claim fails. If the claim is won, a success fee that is limited to 25% will be deducted from any settlement payment to cover the cost of your solicitor’s work.
Your solicitor will document all of the above in a Conditional Fee Agreement (CFA) for you to sign before the claim begins.
Manual Handling Claims Frequently Asked Questions
How Will My Solicitor Determine the Extent of My Injuries?
In any work injury claim, you will need to prove the extent of your suffering. As such, for a manual handling claim, you will need to have a medical assessment with an independent expert. Your solicitor can usually arrange this locally.
During your appointment, the expert will review any medical records available to them, examine your injuries and talk about how you’ve suffered. They’ll then prepare a report for all parties involved in your claim that sets out your prognosis.
Will I Be Sacked for Claiming Manual Handling Compensation?
Legally, you are entitled to pursue legal action against anyone who causes you an injury through their negligence. Additionally, so long as your claim is legitimate, your employer is not allowed to discipline you, fire you or treat you any differently for suing them.
As such, you shouldn’t be afraid of claiming if you’ve suffered manual handling injuries at work. If your claim is handled by one of our solicitors, they’ll manage all communication with your employer so you won’t need to discuss it with them directly.
Start a Manual Handling Compensation Claim Today
Our advisors are ready to help if you’re interested in starting a manual handling claim. Simply call them on 0800 652 1345 and your case will be reviewed for free. There’s no obligation to proceed and you’ll be given free legal advice regardless of what you want to do next.
Our solicitors handle all manual handling claims on a No Win, No Fee basis meaning no legal fees are payable unless you’re awarded compensation.
Please call or use our live chat service if you have any other questions on the manual handling claims process.
