Manual Handling Claims – How Much Compensation Can You Claim?

Many different jobs involve manual handling tasks that could potentially cause injury. Therefore, your health and safety in the workplace are not just something employers should strive to protect, it is a legal requirement. If you sustain a lifting injury at work due to your employer’s negligence, you may be eligible to make a manual handling claim for compensation.

If you’re considering starting a claim today, we’ll be able to help. Without any obligation, we will review your case and provide free advice. Should your claim appear to have a reasonable chance of success, we could appoint one of our personal injury solicitors to it.

Importantly, our solicitors provide a No Win No Fee service for any manual handling injury claim they take on. We find that that usually reduces a lot of the stress involved with taking legal action.

For free legal advice on manual handling claims, please call 0800 6524 881 today. Alternatively, please read on for more information on the claims process.

Am I Eligible To Make A Manual Handling Claim?

Anybody who suffers an injury in a manual handling accident could be eligible to claim compensation if it was caused by negligence. For example, this might include warehouse staff, factory workers, delivery drivers, or NHS staff who were not given proper training or equipment.

Generally, to claim compensation for a manual handling injury, you’ll need evidence that shows:

• You were owed a duty of care (which is always the case in an employer–employee relationship); and
• Your employer’s negligence led to a manual handling accident; and
• You were injured as a result of that accident.

Importantly, the Manual Handling Operations Regulations 1992 clearly outline an employer’s responsibilities for safe lifting and carrying at work. If you think those responsibilities weren’t met in your case, get in touch with our claims advisors today for free advice.

Common Causes Of Manual Handling Accidents At Work

Some common examples of how manual handling injuries can happen to employees and agency workers include:

• Where excessively heavy items are stored above shoulder height.
• If your employer doesn’t provide lifting aids to make moving heavy items easier.
• Where you need to move heavy items over a very large area.
• When moving awkwardly shaped items.

Your employer might be negligent if they:

• Don’t provide you with regular rest breaks.
• Fail to train you adequately on how to lift safely.
• Don’t supply safety equipment to protect you while lifting.
• Don’t supply equipment to make moving items in the workplace easier.

Essentially, if your employer fails to assess the risks involved in manual handling or neglects to implement safety measures after identifying risks, you could be eligible to start a claim.

Common Injuries Caused By Poor Manual Handling

Injuries caused by manual handling usually result in damage to soft tissue or joints. Some common types include:

To discuss whether you have grounds to proceed with a manual handling compensation claim, please speak to an advisor today.

How Much Compensation Will I Get For A Manual Handling Claim?

There isn’t a set amount of compensation for manual handling claims. Instead, compensation is based on two main heads of loss:

• General damages compensation. This compensation covers the pain, suffering, and loss of amenity your manual handling injuries have caused. Loss of amenity places values on things you used to enjoy but cannot do because of your injuries. For example, if you played football before your injury, but couldn’t during your recovery, this could be considered in your claim.
• Special damages compensation. Used to claim back any losses, costs or expenses relating to your injuries. These could cover any medical costs, travel costs or lost income and future loss of income, amongst other things.

To establish the extent of your injuries, you will likely need a medical assessment as part of the claims process. Don’t worry too much about this as our solicitors can usually book local appointments with independent medical experts. To find out what could be claimed for in your case, please call today.

Manual Handling Injury Compensation Calculator

To give you an idea of how much you could be awarded for manual handling injuries, we’ve included a compensation calculator in this section. It is based on compensation ranges advised by the Judicial College. These are figures for general damages that solicitors, insurers, and courts can refer to when settling claims.

Remember, though, that a settlement typically won’t just be based on your injuries. As explained in the previous section, the total value of any manual handling compensation claim will include any financial impact too. This could include future lost income if, for example, a back injury in the workplace prevents you from returning to work for a long time.

It’s worth pointing out that settlement amounts can vary on a case-by-case basis. Therefore, these figures are for guidance purposes only. However, if your claim is taken on, your solicitor will provide a more accurate estimate once they’ve fully considered how you’ve been affected.

Evidence To Support A Manual Handling Claim

Once it’s been determined you’re eligible to claim compensation for your manual handling injury, let’s consider what evidence you could use to support your case.

• Video/photographic evidence. Video or photos of the accident scene should make it easier to explain what happened. Where possible, try to take pictures before anything is removed or repaired.
• Witness statements. If anybody else was present when your manual handling accident happened, ask them if they can provide their contact details to your solicitor. They could be contacted later on for a statement if your employer doesn’t admit liability for your injuries.
• Accident reports. It is a legal requirement for employers to record and report accidents in the workplace. Your copy of the report will make it difficult for your employer’s insurers to deny when and where the accident took place.
• Medical reports. If you are injured at work, you should attend A&E or a minor injuries unit as soon as possible. Your injuries will then be assessed and treated by medical professionals. Later on, you could ask them for a copy of the medical records, which could be used as evidence of your injuries.
• CCTV footage. If your workplace uses security cameras, you could request a copy of any recordings of your accident. You should do this quickly as recordings aren’t always retained for long.
• Training records. Evidence of whether you received adequate manual handling training. If your employer hadn’t provided proper training, this could strengthen your case.
• Health and safety reports. If your employer had previous health and safety violations or failed to conduct risk assessments, these reports can demonstrate negligence.

The next thing you might want to do is discuss your evidence with one of our advisors. They’ll review everything with you and explain whether you have the grounds to start a manual handling injury compensation claim.

Time Limits For Claiming Manual Handling Compensation

As with all work accident claims, manual handling claims must usually be started within a 3-year time limit. This typically starts either from the date of the accident or from the date of knowledge.

The date of knowledge is relevant in cases where injuries take time to develop. For example, if you’ve been moving heavy loads over a long period and a doctor only later links a repetitive strain injury to your work, the 3-year limit might begin from when the doctor confirmed this link.

We recommend starting your manual handling claim as soon as possible. Early action allows more time to gather evidence and, if liability is admitted, your solicitor may be able to arrange for private medical treatment before the claim is fully settled.

Please call today if you’re ready to begin a manual handling injury compensation claim.

Do I Need A Solicitor To File A Manual Handling Claim?

While you could make a manual handling claim yourself, an expert solicitor can make the process much smoother and increase your chances of success. Personal injury claims, especially involving workplace injuries, often require expertise in handling complex legal procedures and dealing with employer insurers.

If your manual handling claim is accepted, an accident claim solicitor on our team can handle everything on your behalf. They will communicate with your employer’s insurers and manage any legal or medical questions, so you won’t need to worry about the technical details. Also, they’ll fight to ensure you receive the full compensation you deserve.

When a settlement offer is made, our solicitors won’t just accept it to conclude the case quickly. Instead, they will carefully review the offer to make sure it covers the full extent of your suffering and financial losses. If it doesn’t, they’ll try to find extra evidence to fight your corner and try to negotiate a fair amount of compensation.

By working with us, you’ll benefit from our No Win No Fee service, meaning you won’t pay any legal fees unless your claim is successful.

Will I Be Fired For Starting A Manual Handling Claim?

Not usually. Your employer should not fire you simply for starting a manual handling claim for an honest reason. Employees are protected by law from unfair dismissal or retaliation for making a legitimate personal injury claim. If your employer does attempt to dismiss you or treat you unfairly as a result of your claim, you could have grounds for an unfair dismissal claim in addition to your injury claim.

Rest assured, compensation for workplace injuries is typically covered by your employer’s insurance, not their profits, so filing a claim should not impact the business directly.

Starting The Manual Handling Claims Process

If you’d like to find out whether one of our solicitors can represent you on a No Win No Fee basis, please call us on 0800 6524 881 today. Alternatively, you can use our live chat service to speak with a claims advisor or fill in a callback form, and we’ll contact you at a more convenient time.

Rest assured, you’ll receive free legal advice whether you choose to proceed with your manual handling claim or not. By acting sooner rather than later, you’ll give your solicitor more time to gather supporting evidence and ensure the strongest case possible.

Contact us today to start the manual handling claims process and take the first step toward securing the compensation you deserve.