Claim for a manual handling injury at work

If you have suffered a back, neck, shoulder or other injury from lifting or carrying tasks at work, you could be entitled to make a manual handling claim.

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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 activity in many workplaces, and most workers will carry out some form of manual handling task during their employment, regardless of their occupation.

Most employees carry out manual handling tasks without any concern, but it can pose significant risks to workers if not carried out correctly. Improper manual handling can lead to musculoskeletal disorders such as strains, sprains, back pain, and more severe injuries such as hernias and fractures.

Employers have a legal duty to ensure that manual handling is carried out safely and to provide adequate training and equipment to their workers to prevent injury. If a company fails to have a safe system of work in place or to protect the health and safety of workers, an injured person may be entitled to make a manual handling claim.

If you find yourself in this position, a free consultation with a legal adviser can help to determine whether you might be entitled to compensation for a manual handling accident. To arrange a case assessment, call 0800 470 0474 today or enter your details to receive a call back.

Find out if you can claim

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Table of Contents

Can I start a manual handling claim?

If you have suffered a manual handling injury that you believe was due to your employer’s negligence, you should seek legal advice as soon as possible. An experienced solicitor will assess your case and let you know whether you can make a manual handling claim. Before agreeing to provide legal representation, your solicitor will check whether:

You were owed a duty of care
The defendant broke their duty of care towards you, causing a manual handling accident
You suffered an injury or injuries as a result of this within the last three years

If you fulfil all these criteria, you should be entitled to start a manual handling injury claim against your employer. You will, however, need as much evidence as possible to show liability and the extent of your pain and suffering. Your solicitor will help you gather this evidence, which could include the following:

Videos or photos of the accident scene and your working conditions
Witness statements from co-workers or bystanders present at the accident scene
A copy of your medical records to show the type and extent of your injuries, the treatments you received and the expected long-term effects
A copy of an accident report you should file with your employer to prove when and where the manual handling accident took place
CCTV footage, if your workplace uses security cameras
Your training records showing what instructions you received for the job
Evidence related to any financial losses and expenses you incurred, such as lost wages or medication costs

If you are eligible for compensation and have all the required evidence to start legal proceedings, your solicitor will contact the defendant and inform them of your allegations of negligence. If they admit liability, you can begin to negotiate a fair settlement for your pain and suffering. Otherwise, you may need to take legal action and argue your claim in court.

Why do manual handling accidents occur in the workplace?

According to the Health and Safety Executive, manual handling causes over a third of all workplace injuries. Manual handling accidents can occur in the workplace for a variety of reasons, including:

Lack of training

Workers who have not received proper training on how to carry out manual handling tasks safely are at higher risk of accidents and injuries.

Poor workplace design

Workplaces that are not designed ergonomically can increase the risk of manual handling injuries. For example, if there is inadequate space to manoeuvre heavy objects or if the floor is slippery, it can result in accidents.

Poor posture

Poor posture while lifting or carrying objects can lead to muscle strains and other injuries. Again, this is where training comes in to advise employees on the correct posture to use when lifting items.

Heavy loads

Lifting or carrying heavy loads can cause injuries, especially if the load is too heavy for the worker to handle safely. In these situations, the weight should be shared by more than one person, or mechanical means should be used, such as a wheelbarrow or forklift truck.

Awkward loads

Objects that are difficult to grip or have an awkward shape can increase the risk of accidents. Like with heavy loads, items with an awkward shape should be lifted by more than one person or by using relevant tools or machinery to help.

Inadequate risk assessments

Employers have a responsibility to conduct risk assessments for all manual handling activities to identify potential hazards and take appropriate measures to reduce the risk of injury. If the risk assessment is inadequate, this may put employees at risk of accidents.

Poor working conditions

Manual handling tasks carried out in cramped or poorly lit conditions can cause accidents and increase the risk of injury.

Rushing or fatigue

When employees are under pressure to complete a task quickly or when they are fatigued, they may take shortcuts or use incorrect lifting techniques, leading to accidents.

Poor communication

A lack of communication between employees during manual handling activities can lead to injuries. For instance, if one worker is unaware of the movement of another worker, it can cause an accident by bumping into one another.

Repetitive tasks

Carrying out the same manual handling tasks repeatedly and without regular breaks can lead to injury over time, and this can be the case even with lighter loads.

Lack of equipment

The absence of appropriate equipment, such as lifting aids or trolleys, can make manual handling activities more hazardous and increase the likelihood of accidents.

Employers need to identify the potential hazards associated with manual handling tasks and take steps to eliminate or minimise them. This can include providing training, using equipment such as trolleys or lifting aids, and ensuring that workers take regular breaks to avoid fatigue.

If you or a loved one suffered a manual handling injury at work due to a lack of adequate health and safety measures, you might be able to claim compensation.

Examples of manual handling injuries

A manual handling injury is a type of musculoskeletal disorder that may affect the bones, muscles, tendons, ligaments, nerves, and other tissues that support and move the body. Manual handling injuries can range from mild to severe and affect various body parts. Some examples of injuries leading to a manual handling claim include:

Back injuries such as strains, sprains, and herniated discs

Manual handling can cause a back injury at work when there is excessive physical effort involved in the activity. This could happen when you are required to lift, carry, push or pull heavy objects or perform awkward movements that place excessive strain on the back. Poor posture during manual handling activities can also contribute to back injuries.

Repeated or prolonged manual handling can also lead to cumulative trauma, which means that the damage to the back occurs gradually over time. This can result in chronic back pain, herniated discs, or other conditions that affect the spine and back muscles. Improper training on manual handling techniques, inadequate equipment, and insufficient rest breaks can also contribute to the risk of back injuries.

Shoulder injuries such as rotator cuff tears and dislocations

Manual handling can cause shoulder injuries when you lift or carry heavy objects with poor posture or incorrect lifting techniques. This can excessively strain the shoulder muscles, tendons, and ligaments, leading to injuries such as rotator cuff tears, shoulder impingement syndrome, and shoulder dislocations.

Over time, manual handling tasks can also cause shoulder tendonitis, which is a painful condition that occurs when the tendons in the shoulder become inflamed due to overuse or repetitive strain. It is important to receive proper training in manual handling techniques and to use appropriate equipment, such as lifting aids, to reduce the risk of shoulder injuries.

Neck injuries such as whiplash and strains

Lifting heavy objects, awkward postures, repetitive movements, and holding the neck in a fixed position for extended periods can all contribute to neck injuries. Similarly, repetitive lifting and twisting motions can cause damage to the neck muscles and ligaments over time, leading to chronic pain and stiffness. Therefore, it is crucial to use proper lifting techniques and ergonomic equipment to minimise the risk of neck injuries during manual handling activities.

Arm and wrist injuries such as carpal tunnel syndrome and repetitive strain injuries (RSI)

Manual handling activities that involve repetitive motions, awkward postures, or forceful exertions can cause arm and wrist injuries. For example, repeatedly lifting heavy objects or using vibrating equipment can cause hand-arm vibration syndrome (HAVS), resulting in numbness, tingling, and pain in the hands and arms.

Awkward postures, such as holding the wrist in a twisted position for an extended period, can lead to tendonitis, carpal tunnel syndrome, and other musculoskeletal disorders in the arm and wrist. Forceful exertions, such as pulling or pushing heavy objects, can cause strains, sprains, and other soft tissue injuries in the arm and wrist.

Leg injuries such as strains and sprains

Manual handling can cause leg injuries in many ways. If you are required to lift or carry heavy loads, this can put strain and pressure on the leg muscles, leading to sprains or strains. Additionally, standing or walking for extended periods while carrying heavy loads can cause fatigue and discomfort in the legs, which can lead to further injuries or accidents.

Repetitive bending, squatting, or kneeling can also lead to leg injuries such as knee strains, sprains, or ligament damage. Finally, if you have to climb ladders or stairs while carrying loads, this can also increase the risk of leg injuries due to slips, trips, or falls.

Foot and ankle injuries such as fractures and sprains

One of the most common causes of injury is poor lifting technique, which can harm the muscles and ligaments in your feet and ankles, leading to sprains, strains or even fractures. Carrying or moving heavy objects for extended periods can also result in muscle overexertion in your foot and ankle.

Twisting or turning while lifting can also cause sprains or strains in the foot and ankle. Dropping a heavy load on your feet can cause severe bruising, lacerations, fractures and crush injuries, possibly leading to amputations.

This list is not exhaustive, and manual handling accidents may lead to many other injuries of varying severity. The type and extent of the damage you suffered will not affect your right to start a claim but will determine how much compensation you may receive if your case is successful.

Employer responsibilities for manual handling activities

Manual handling accidents result in a large number of work-related claims each year, most of which could and should be avoided through correct training and working practices.

To help enforce safe manual handling and prevent worker injuries, employers must meet the requirements set out in the Manual Handling Operations Regulations 1992 (MHOR). Under this regulation, employers have a duty of care to take steps to prevent employees from suffering harm or injury while undertaking manual handling tasks in the workplace. The measures that should be taken include the following:

As far as reasonably practicable, hazardous manual handling tasks should be avoided, which might involve automating tasks or using lifting aids such as cranes or hoists;
If manual handling cannot be avoided, full risk assessments should be undertaken to assess the risk of injury. This includes considering the nature of the load, the working environment, and the capabilities of the workers;
Take steps to reduce the possible risk of injuries so far as reasonably practicable. That might involve providing training on safe lifting techniques, providing lifting aids, or adjusting the work environment to reduce the risk of injury;
Provide workers with information and training on safe manual handling practices. This includes information on the risks associated with manual handling activities and the correct techniques for lifting and moving loads;
Monitor and review manual handling activities to ensure that the measures in place are effective in reducing the risks associated with the task;
Provide suitable PPE to workers involved in manual handling tasks whenever necessary;

It is important to remember that an employer will not be liable for all injuries caused by manual handling, as some just cannot be avoided. However, the employer is obligated to take practical measures to prevent such injuries and accidents from happening by implementing steps that are considered reasonably practicable.

An employer could be liable to pay compensation in a lifting injury claim if an employee has suffered an injury as a result of the following:

Failing to provide adequate training to workers
Failing to assess risks associated with the work procedures
Failing to provide enough staff to perform the task safely
Failing to provide lifting aids or equipment to the workers

Many individuals who suffer a manual handling injury are hesitant when it comes to pursuing compensation from their employer. However, you should keep in mind that under the Employment Act 2002, your employer cannot legally sack or discipline you for making a personal injury claim against them.

It is your right as an employee to claim compensation if you have been injured due to manual handling or other lifting activities in the workplace. If your employer dismisses you or treats you unfairly because you have made a claim, they may be in breach of employment law, and you may be able to take further legal action against them.

It is essential to seek legal advice and support throughout the process to ensure that your rights are protected and that you receive fair compensation for your injury. To arrange a free consultation with an experienced solicitor, call 0800 470 0474 or fill in our online claim form to receive a no-obligation call back.

How much compensation will I get for my injury?

The compensation you will be awarded for a manual handling accident will depend upon the type and severity of the injuries sustained. This generally means that the more significant and longer-lasting the damage, the higher the compensation award is likely to be.

In addition to damages for the pain and suffering caused by your injury, you will also be entitled to claim for any financial losses which have resulted from your accident. You should not be left out of pocket following an accident that was not your fault, so you would be entitled to recover damages for any losses and expenses, which could include:

Lost wages if you were forced to take time off work to recover
Loss of earning capacity, if you cannot return to work or must take a lower-paying job
The cost of any physiotherapy or other medical treatment required
The cost of medications and transport-related expenses, such as taxi fares to and from doctor appointments
Any adaptations to your home or vehicle
The cost of hiring help and assistance with daily activities during the recovery process

Below are some examples of compensation awards for pain and suffering, which are based on the guidelines suggested by the Judicial College:

£11,730 to £26,050 for a moderate back injury, such as a prolapsed disc or simple fracture
Up to £6,680 for a minor neck injury such as a sprain or strain with recovery within two years
£16,380 to £33,430 for a moderately severe arm injury leading to long-lasting symptoms
£16,760 to £31,640 for severe forms of hand-arm vibration syndrome that impact your ability to carry out daily activities
£15,320 to £46,780 for leg injuries such as minor fractures or soft tissue damage leading to some degree of mobility issues
Up to £11,730 for minor ankle injuries such as sprains or ligament damage with full recovery within a year
£71,640 to £171,920 for severe foot injuries that may require amputation of one or both feet
£10,890 to £16,380 for a serious shoulder injury such as a fractured humerus or rotator cuff injury needing surgery

If you were partly responsible for the accident or injury you sustained, the amount of compensation awarded might be reduced. This is known as contributory negligence and will reduce your settlement by a percentage which reflects how much you have contributed to your injury. For example, if you had a pre-existing neck injury, and this was subsequently made worse through negligent manual handling at work, your employer can only be held liable for the amount of damage that can be attributed to them.

To start a manual handling injury claim or find out more about your compensation prospects, call 0800 470 0474 today to arrange a free consultation with a legal adviser.

Is there a time limit for beginning a manual handling accident claim?

Claims for manual handling accidents should be made within three years of an incident. If a claim is not presented within this time limit, you would most likely be unable to proceed, even if your employer was at fault. This is because your case will become statute-barred under the Limitation Act 1980.

As mentioned above, in some cases, an injury may develop over a long period of unsafe working practices rather than be due to one specific manual handling accident. In these situations, the three-year time limit for starting your claim would begin to count down on the date you are diagnosed with a work-related injury, known as the date of knowledge.

There are several exceptions to the three-year time limit to start a manual handling claim. For example:

If the injured person is a child, the three-year countdown does not begin until they turn 18. Before that, a parent or legal guardian could start a manual handling claim on their behalf at any point.
If the claimant cannot handle their case due to mental incapacity, the time limit is suspended until they regain their ability to claim. A litigation friend could claim on their behalf at any point while they are incapacitated.
If you had a manual handling accident while working outside the UK, the claim limitation date may depend on the foreign country’s rules and may be much shorter than three years.
If you suffered a manual handling injury due to a faulty piece of equipment or machinery, you could start a claim within three years after the defect was discovered and no longer than ten years after the product was first released.

It is always a good idea to initiate a manual handling injury claim at the earliest opportunity. By doing so, any relevant details about your accident will be fresh in your mind, and your solicitor will be able to collate all the necessary evidence to support your claim. They will also work with you to ensure you meet the relevant deadlines and receive the full compensation that you are legally entitled to for the injury and financial losses sustained.

How much will it cost to make a manual handling accident claim?

Making a manual handling injury claim with the help of a solicitor is simple, as they will provide a 100% no win no fee service*. That means you will not be asked to make any upfront payments to get legal representation, and you will not be charged a penny if they cannot win your case.

If your solicitors are successful and you receive damages for your losses, their costs will be covered by taking a percentage of your settlement. This percentage, known as a success fee, will be fully disclosed to you during your free initial consultation and cannot exceed 25% of your final compensation award.

As part of your no win no fee agreement, your solicitor will also make sure you are financially protected by an After the Event (ATE) insurance policy. The ATE is a legal expenses insurance that covers the costs and disbursements incurred if your claim fails, such as the defendant’s solicitor, court fee, medical reports and the cost of hiring expert witnesses.

Your solicitor will aim to make the entire claims process as straightforward and stress-free as possible. From your first consultation to the completion of your case, they will provide an efficient and transparent service, keeping you updated every step of the way.

Why choose a solicitor to manage my claim?

If you have suffered a manual handling injury at work, you might want to pursue compensation for your pain, suffering and financial losses. While hiring a solicitor to handle your claim is not mandatory, having legal representation can drastically increase your chances of success.

The solicitors we work in partnership with have extensive and varied experience in dealing with manual handling and other work-related accident claims. They work with integrity and confidence to ensure you understand the processes involved in your compensation claim. Furthermore, they offer a 100% no win no fee service, so you will not be taking any risks by choosing a solicitor to handle your case.

You will also receive the following benefits:

Free initial consultation with no obligation attached
Help and support at every step of the claims process
A quality service focused on your best interests
Support in gathering evidence and building a strong case
Regular updates about the progression of your case
An independent medical review to assess the full extent of your injuries
Local solicitors in locations throughout the UK
Open, honest and friendly service
Dedication to achieving maximum compensation for clients

To find out more about the service available, the process of making a manual handling claim, or to ask any questions you may have, call 0800 470 0474 or request a call back using the contact form below.