When Can You Make a Manual Handling Injury Claim?

21 Feb When Can You Make a Manual Handling Injury Claim?

Manual handling injuries can occur in a number of workplace settings, from factories and warehouses to offices and construction sites. These injuries can have significant physical, emotional and financial consequences for those affected. However, not all manual handling injuries automatically entitle you to make a claim. Understanding the circumstances under which you can make a manual handling injury claim is crucial for protecting your rights and seeking compensation. In this guide we’ll explore the key factors that determine when you can make a manual handling injury claim.

What is Manual Handling?

Manual handling refers to any activity that involves lifting, carrying, pushing, pulling or moving objects by hand or bodily force. It is a common task in many workplaces and can range from lifting heavy machinery to moving boxes in an office setting. While manual handling is a necessary part of many jobs, it also poses a risk of injury if not performed correctly.

When Can You Make a Manual Handling Injury Claim?

To make a successful manual handling injury claim, several conditions must be met. The employer has a legal obligation to ensure the health and safety of their employees in the workplace. This duty of care extends to providing a safe working environment, adequate training and appropriate equipment to perform manual handling tasks safely.

To make a claim, you must demonstrate that your employer breached their duty of care by failing to take reasonable steps to prevent manual handling injuries. This could include not providing proper training, failing to conduct risk assessments or not implementing safety measures such as lifting aids or ergonomic equipment.

You must have suffered an injury as a result of the manual handling task. This could range from musculoskeletal disorders such as back pain and strains to more serious injuries like fractures or hernias. There must be a clear link between the manual handling task and the injury sustained. You must be able to demonstrate that the injury was directly caused by the negligent actions or omissions of your employer.

In the UK, there is a strict time limit for making personal injury claims, including manual handling injury claims. Generally, you have three years from the date of the accident or from when you first became aware of your injury to file a claim. It’s essential to seek legal advice as soon as possible to ensure you meet this deadline.

Examples of Manual Handling Injury Claims

Below, we explore some common scenarios where you may be eligible to make a manual handling injury claim; 

• Should you discover yourself lifting substantial objects without proper training or suitable lifting equipment, leading to a back injury, you may be eligible to pursue a compensation claim.

• If your employer failed to provide adequate manual handling training or ignored your concerns about unsafe working conditions, resulting in an injury, you could be entitled to compensation.

• If your employer did not provide appropriate safety equipment such as lifting belts, trolleys or mechanical aids, and you were injured as a result, you may have a valid claim.

• It could even be a case of a repetitive strain injury. Performing repetitive manual handling tasks without sufficient rest breaks or ergonomic support can lead to repetitive strain injuries such as carpal tunnel syndrome or tendonitis, for which you may be able to claim compensation.

• If you were required to perform manual handling tasks at height without adequate safety measures in place and suffered a fall resulting in injury, you may have grounds for a claim against your employer.

Know When You Can Make a Manual Handling Injury Claim

Making a manual handling injury claim can be a complex process, but understanding your rights and the circumstances under which you can claim compensation is essential. If you have been injured due to unsafe manual handling practices in the workplace, it’s crucial to seek legal advice from a qualified personal injury solicitor like Faircloughs. We can assess your case, advise you on your rights and help you navigate the claims process to ensure you receive the compensation you deserve. 

Remember, your health and safety should always be a top priority, and employers have a legal duty to protect you from harm in the workplace. So, get in contact with our knowledgeable professionals at Faircloughs today should you believe you could be making a manual handling injury claim. Simply give us a call on 01942 665 700, email us at info@faircloughs.net or complete our online contact form and we will be happy to help you understand whether or not you can make a manual handling injury claim at this time.