Frequently asked questions about making a manual handling claim
1. What is a manual handling injury?
A manual handling injury is a type of musculoskeletal disorder (MSD) and will typically involve a joint or tissue injury or damage.
Manual handling relates to any activity requiring the movement of objects through lifting, lowering, carrying, pushing or pulling. It is most commonly associated with industrial work (such as at a factory), building and construction, and those who work in delivery services, however manual handling injuries could also affect office-based workers – for example, if they are asked to help out with moving heavy items as part of an office redesign.
2. How common are manual handling injuries?
They are very common; the Health and Safety Executive reports that more than a third of accidents reported to them where an employee takes more than three days off from work are due to manual handling injuries.
In addition, Labour Force Survey (LFS) data from 2009/10-2011/12 found that manual handling, awkward or tiring positions and keyboard work or repetitive action are estimated to be the main causes of work-related musculoskeletal disorder.
They tend to affect a workers back, limbs or neck, with those in agriculture, forestry and fishing the most likely to suffer manual handling injuries.
3. Who is responsible for protecting me against manual handling injuries at work?
Employers and employees are both responsible for health and safety in the workplace. With regards to manual handling:
Employers should:
• Review the working practice and eliminate any manual handling which is not absolutely necessary;
• Carry out a risk assessment of all manual handling which cannot be eliminated and which may cause an injury;
• Try to reduce the risk of manual handling injuries from all essential manual handling as much as possible.
Employees should:
• Co-operate fully with their employer on all matters relating to health and safety;
• Follow all health and safety guidelines provided by their employer;
• Notify their employer of any dangerous manual handling practices;
• Pay attention to what effect their actions could have on themselves or others;
• Use all appropriate safety equipment provided by their employer.
4. Can I do anything to make sure my manual handling claim is successful?
To give your manual handling claim the best chance of success you should:
• Report your injury to your workplace health and safety representative;
• Log the incident in your workplace accident book;
• Make a note of any witnesses;
• Take photographs of where you suffered your manual handling injury;
• Save receipts for any expenses you have related to your injury because these can be recovered within any successful claim.
5. How much compensation can I expect to get if my manual handling claim is successful?
To work out the amount you may get in personal injury compensation, your lawyer will have to have the full details of your accident and the manual handling injury you suffered. As a rule, the more serious injuries receive more compensation. Our personal injury lawyers will be able to give you an indication of compensation amounts after speaking with you and reviewing your case. Call 0800 0 224 224 today to speak with our advisors, fill in our free online claim form or request a callback and we’ll get back to you at a time to suit you.
6. How much might it cost me to make a manual handling claim?
There are a number of ways in which you can fund a manual handling claim – but one of the options our lawyers often recommend is a conditional fee agreement, otherwise known as ‘no win, no fee’. You can learn more about this by visiting our fees and payments page. Our lawyers are more than happy to speak with you about your options should you need more information.
7. What should my employer be doing to prevent manual handling injuries?
There are several laws, including the Manual Handling Operations Regulations 1992 (MHOR), that say employers must manage risks to their employees.
The law expects employers to avoid manual handling if possible. If the manual handling is unavoidable, the requirement is for employers to carry out a risk assessment and reduce the risk of injury from the manual handling as much as is reasonably practical.
How can Thompsons Solicitors help me if I’ve suffered a manual handling injury?
We are a specialist personal injury law firm with 100 years’ experience in standing up for employees against employers and insurance firms. As a matter of principle, we only ever act for the injured person, never for employers or insurers. Our specialist teams of personal injury lawyers have a strong track record of winning manual handling injury cases and securing significant compensation amounts for their clients.
Your manual handling claim is in the most experienced hands with Thompsons Solicitors, a firm that puts you and your needs first in everything we do.
Our experts are just a phone call away – if you need advice and guidance on whether you could make a manual handling claim, contact our specialists today on 0800 0 224 224, request a callback or complete our free online claim form.
