Manual Handling Claims
Manual handling refers to the process of moving objects or materials by hand, which can include lifting, pushing, pulling, and carrying. It is a common…
Read moreHave you suffered an injury from lifting at work?
If you have been injured due to heavy lifting at work, you may be entitled to make a lifting injury compensation claim against your employer.
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Have you suffered a neck, back, shoulder or any other type of injury from lifting heavy objects at work? If you have, you may be eligible to make a lifting injury claim and get compensation for the pain and losses that you have suffered.
Manual handling and lifting injuries are common at workplaces across the UK, but such injuries are usually preventable. If the work you are carrying out had been done by mechanical means or if you had received adequate training before carrying out the lifting task, most lifting injuries could have been avoided.
In the UK, more than one-third of all the injuries and accidents that occur at the workplace and require more than two days off work involves heavy lifting and manual handling. Those who work on construction sites, factories and farms are not the only people at risk of suffering from lifting injuries. People working in restaurants, schools, offices and shops are also at risk of sustaining lifting injuries if they are not given adequate training or the necessary tools needed to carry out their tasks safely.
Although it is impossible to prevent all manual handling and lifting injuries at work, adopting measures to minimise the risks of accidents and injuries is possible. It is the duty of your employer to carry out risk assessments at the workplace and ensure that employees who carry out lifting work are adequately trained.
If your employer has failed in their duty of care and you have been injured, you may be eligible to make a lifting injury claim. To discuss your claim with an experienced legal adviser, call 0800 470 0474 or use our online claim form to request a call back.
If you are entitled to compensation, the solicitors we work with will provide a no win no fee* service. This means you don’t have to pay anything upfront to start your claim, and you will only pay a success fee (a maximum of 25% of your compensation award) if your claim is successful. Otherwise, you won’t pay a penny.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Lifting injuries may occur in the workplace due to lifting an object or weight and may cause damage to the muscles, tendons, ligaments, or bones. This may result in significant pain and suffering, psychological trauma, time off work and other financial losses that you might be able to recover in a personal injury claim. As a general rule, you might be eligible to claim lifting injury compensation if you have relevant evidence to prove that:
If you believe that you or a loved one might have a valid lifting injury claim, you should seek legal advice as soon as possible by calling 0800 470 0474. An experienced solicitor will offer you a free case assessment and ask a few questions to determine your eligibility for compensation.
If your claim is valid, they will take on your case on a no win no fee basis and provide support and advice at every step of the process. A solicitor can also help you seek compensation on behalf of a loved one if they are unable to conduct legal proceedings themselves.
If you want to make a lifting injury compensation claim, you need to supply evidence showing how you sustained your injuries, how severe they are, who is to blame and how they have affected your life in the short and long term. With this in mind, you should:
Your solicitor might also arrange a free medical visit with a government-approved physician to determine whether you have any immediate medical or rehabilitation needs and the long-term effects of your injury. They will also access your employment and training records to verify whether you receive adequate training for the job.
Lifting injuries are a common type of workplace injury and can occur in a variety of occupations that require lifting, carrying, and moving heavy objects. Some of the most common causes of lifting injuries at work include:
Employers must protect workers from injuries in the workplace by taking all reasonable measures to eliminate or reduce the risk of accidents. You can learn more about what your employer should have done to prevent your lifting injuries in the section below.
Employers are legally obliged to provide a safe work environment for their employees and take reasonable steps to prevent lifting injuries. The Health and Safety at Work etc. Act 1974 is the main UK legislation that imposes duties on employers to prevent lifting injuries, some of which include:
By taking these steps, employers can help prevent lifting injuries at work and create a safer work environment for their employees. A failure to comply with any of these rules can result in a lifting or manual handling claim and liability to pay compensation for any harm suffered due to negligence.
Injuries sustained from heavy lifting and manual handling can occur suddenly, or they can develop over a long period of time. For instance, if a worker lifts a very heavy object once only, it is possible that they may strain a muscle or suffer a hernia. In other cases, a worker may carry out lighter lifting tasks repetitively and over some time, may sustain a repetitive strain injury.
Many different injuries can be caused by lifting objects, but some of the most common injuries include the following:
Other injuries that may be caused by lifting at work include:
A lifting injury is caused when tasks such as pushing, pulling, moving, holding and carrying objects are performed inappropriately. Other factors that can contribute to lifting injuries include poor posture, particular physical characteristics, and pre-existing medical conditions. Lifting and manual handling injuries can result in pain, discomfort, time off work, and sometimes permanent disability, such as spinal cord damage.
There are many different steps you can take to help prevent lifting injuries in the workplace, such as:
It is illegal for an employer to terminate an employment contract or take any other adverse action against an employee in retaliation for making a lifting injury claim. In the UK, employment laws are in place to ensure you will not be discriminated against for seeking compensation.
It is, nonetheless, possible that your employer may attempt to retaliate against you for making a lifting injury claim. Retaliation can take many forms, such as demotion, transfer, reduction in pay or hours, or termination. That would be considered unfair or constructive dismissal and may entitle you to take further legal action.
It is essential to remember that reporting a workplace injury and pursuing compensation is your legal right as an employee. If you have suffered an injury on the job, you should report it to your employer as soon as possible and seek medical attention. That will ensure you have valid evidence to start a claim and will also help prevent similar injuries in the future.
The solicitors we work in partnership with have extensive experience in dealing with work accident claims and will know your legal rights. If you decide to pursue compensation, they will also handle communication with your employer, so you will not have to discuss your claim directly with them.
The amount of compensation that you may be entitled to receive for a successful lifting injury claim will depend on several factors. Personal injury awards are separated into two different areas, called general damages and special damages.
General damages aim to compensate you for the pain and suffering that has been due to your employer’s negligence and may include factors such as:
To calculate how much general damages you should receive, your solicitor will base their figure on the guidelines produced by the Judicial College. The Judicial College Guidelines provide minimum and maximum compensation awards for injuries of varying severities to each body part, including internal organs and damages to senses such as smell and sight.
Whether your injuries fit within the guidelines will be based on the evidence of a medical professional, who will help determine the severity of your injury, the likely recovery period and whether there will be any lasting issues. Some examples of compensation for general damages are listed below:
Next, your solicitor will assess any financial losses you have sustained after your lifting accident. Any out-of-pocket expenses that are directly related to your accident can be recovered from the party at fault. These are known as special damages and can include the following:
The above list is not exhaustive. Most expenses that are linked to your accident and injury can be included as part of your lifting injury compensation claim. However, you must have evidence of any financial losses you want to include in your damages. It is essential to keep receipts, wage slips and bank statements that your solicitor can use to support your case.
There is a three-year time limit from the date of an accident to make a lifting injury claim. Starting legal proceedings within this time limit is crucial, as the courts are usually very strict regarding this issue, and your case might become statute-barred. While it is possible to seek an extension, this is a rare occurrence typically reserved for exceptional circumstances.
If your injury, or the fact that it was due to lifting at work, is not apparent until a later date, it is this date that would be used as the start of your three-year time limit. This is known as the date of knowledge.
Although three years might seem like a long time, we would always recommend you start your claim as soon as possible. Not only will this ensure you receive your lifting injury compensation sooner, but it also makes gathering evidence much easier.
There are a few exceptions to the three-year time claim limitation date:
Yes, a solicitor experienced in claims for lifting injuries will be able to provide you with a 100% no win no fee service. During a free initial consultation, they will assess the validity of your case and your chances of success. If you are eligible for lifting injury compensation, they will offer you a conditional fee agreement, which means you will not pay them a penny if your case is lost.
On top of the conditional fee agreement between you and your solicitor, they will also ensure you will not incur any legal charges in the event of a loss. That is made possible by the After the Event (ATE) insurance policy, which covers all the costs and disbursements incurred during claiming, such as:
No win no fee allows you to pursue compensation for lifting injuries without paying anything upfront or taking any financial risks, which makes it the preferred service for funding a personal injury claim. You only have to pay anything after receiving compensation, which may include the following:
If you choose to start a lifting injury claim on a no win no fee basis, your solicitor will explain the whole process to you in straightforward language and answer any questions you may have.
The injury solicitors we work in partnership with have years of experience handling all types of work accidents, including claims for lifting injuries. If you have suffered an injury at work in the past three years due to your employer’s negligence, a solicitor can help you claim the compensation you deserve.
If you believe you suffered an injury due to someone else’s negligence, you should arrange a free case assessment as soon as possible. This is provided without any obligation or pressure to proceed, and it is an opportunity for you to discuss the circumstances of your accident and injury with an experienced personal injury lawyer. You will also be free to ask any questions you have about making a claim and the services your solicitor can provide.
If you do have a valid lifting injury compensation claim, your solicitor will be happy to fight your corner on a genuine no win no fee basis. This means there are no upfront costs and no hidden charges. You will not pay your solicitor a penny if they cannot win your case.
To start your claim or to receive some free legal advice, contact a friendly legal adviser today by calling 0800 470 0474 or enter your details below to receive a call back.