A Guide to Claiming Compensation For Lifting Accidents At Work
By Cat Way. Last Updated 29th June 2023. If you have been injured in lifting accidents at work, then you may be looking to make a personal injury compensation claim. You may be able to do so if you can prove negligence, which can mean a breach of duty of care causing an injury. This guide will provide guidance on the eligibility criteria that need to be met in order to do so, as well as the evidence you can gather to strengthen your case.
A Guide to Claiming Compensation For Lifting Accidents At Work
Additionally, we will explore the duty of care employers owe to prevent their employees from sustaining an injury at work as well as the legislation that outlines the responsibilities they have with regard to manual handling.
You can also find examples of how a lifting accident could occur and the injuries that could be sustained as a result.
Furthermore, we will discuss accident at work settlements, including what they could consist of and how they are calculated.
Finally, this guide will conclude with an overview of No Win No Fee agreements and the benefits of working with a solicitor who offers their services under these terms.
If you have any queries relating to this guide, or making an accident at work claim, speak with an advisor via the contact details below:
- Call our team on 0800 073 8804
- Enquire about your claim online
- Use the live chat feature below
Select A Section
- Who Can Claim For Lifting Accidents At Work?
- Why Do Lifting Accidents At Work Happen?
- How To Show Your Employer Was At Fault
- Estimated Payouts For Lifting Accidents At Work
- Why Claim For Lifting Accidents At Work With Our No Win No Fee Solicitors?
- Find Out More About Lifting And Manual Handling Accidents
Who Can Claim For Lifting Accidents At Work?
It may be possible for you to begin a personal injury claim following an accident at work if you can satisfy the following requirements:
- Firstly, you need to show that your employer owed you a duty of care at the time and location of the accident.
- Secondly, you need to demonstrate that your employer breached their duty of care.
- Thirdly, you need to show that as a result of the breach, you experienced a physical or psychological injury.
Every employer owes a duty of care with regard to the health, safety and welfare of their employees. This duty of care is established in the Health and Safety at Work etc. Act 1974 which states that employers need to ensure they take reasonable and practicable steps to prevent harm to employees in the workplace.
Additionally, The Manual Handling Operations Regulations 1992 outlines the specific responsibilities they have with regard to manual handling activities. This states that they need to avoid the need for any manual handling, where possible. However, if they are unable to do so, they should carry out a risk assessment and take the necessary steps to reduce the risk of harm posed by manual handling activities. For example:
- Reduce the weight or size of the load
- Keep walkways clear by removing any trip hazards
- Adapt the workplace to reduce the risk of lifting incorrectly
- Provide training so the employee lifting can do so as safely as possible
Lifting accidents at work could occur if your employer does not uphold their duty of care. If you sustained an injury as a result, you may be eligible to make a personal injury claim.
Time Limits For Lifting Accidents
If you have a valid personal injury claim, you must ensure that you begin proceedings within the correct time limit. The time limit for personal injury claims is set out by the Limitation Act 1980.
This legislation states that you will have three years to start a claim, beginning on the date of your accident. However, this time limit comes with some exceptions. For example, for those who lack the capacity to claim for themselves, the time limit is suspended. During this suspension, a litigation friend could bring forward a claim on their behalf. If they were to recover the appropriate capacity, the time limit will reinstate on the date of recovery if a claim has not already been made for them.
The time limit is temporarily frozen for claimants under the age of eighteen. A litigation friend can begin their claim during this period. From their 18th birthday, they will have until their 21st birthday to begin a claim if a litigation friend did not act on their behalf.
To find out if you are within the time limit to claim for injuries caused by lifting, like back injuries, knee injuries, and shoulder injuries, contact our team today. They can also help answer any questions you may have about personal injury claims made for lifting accidents.
Why Do Lifting Accidents At Work Happen?
There are several reasons why lifting accidents at work could occur. For example:
- An employer may have failed to provide any health and safety training to ensure an employee was able to safely carry out any manual handling activities. This may have resulted in them using incorrect lifting techniques and sustaining soft tissue injuries to the neck, back and shoulder.
- There may not have been a risk assessment carried out resulting in an employee lifting objects above the recommended weight for their height. This may have led to an employee sustaining an injury to the wrist and arm.
- It may have been necessary for your employer to provide personal protective equipment, such as steel toe capped boots, while carrying heavy objects. If you employer failed to do so, it could have resulted in you dropping items and sustaining a broken foot.
Accidents at work that result in injury may not always be the result of an employer breaching their duty of care. In cases where an employer has upheld their duty of care, it may not be possible to claim.
To discuss your specific case and find out whether you have valid grounds to begin a claim for personal injury compensation, speak with an advisor on the number above.
How To Show Your Employer Was At Fault
Evidence can help show that your employer breached the duty of care they owed you as well as offer information on the injuries you sustained as a result. It can also demonstrate the impact your injuries have had on you, both physically, psychologically and financially.
There are several ways you could gather sufficient evidence to support your claim. For example, you can:
- Ask for copies of any medical records after seeking medical attention for your injuries.
- Keep a diary of treatment and symptoms as well as how you have been affected by your injuries.
- Make a report in the workplace accident book as close to time of the accident as possible. You can request a copy of the report to provide details on how the accident happened.
- Request CCTV footage of the accident.
- Take photographs of the immediate accident scene, the injury itself, or the cause of the accident.
- Acquire the contact details of any potential witnesses so that statements can be provided at a later date.
If you are finding it difficult to gather evidence to support your case, you may find it beneficial to work with one of our personal injury solicitors. They can help you build your case in full and present it within the time limits applicable for accident at work claims.
To learn more about the services they offer and whether they could assist you, please get in touch using the number above.
Estimated Payouts For Lifting Accidents At Work
After you make a successful claim, you will be awarded a personal injury settlement that comprises compensation for the emotional and physical pain and suffering that you experienced due to your injuries. This is awarded under general damages.
In order to work out how much your injuries are worth, solicitors can use any medical evidence that is provided in support of your claim alongside the Judicial College Guidelines. This is a publication that contains guideline award figures, some of which we have included in the table below. However, you should only use the figures as a guide because each settlement is calculated on a case-by-case basis.
Compensation Table
| Injury Type | Level of Severity | Description | Guideline Amount |
|---|---|---|---|
| Neck Injuries | Severe (iii) | Damage to soft tissues that is severe is covered in this bracket. | £45,470 to £55,990 |
| Neck Injuries | Moderate (i) | This bracket includes serious soft tissue injuries that affect the back and neck. | £24,990 to £38,490 |
| Back Injuries | Severe (iii) | Chronic conditions resulting from soft tissue injuries. | £38,780 to £69,730 |
| Back Injuries | Moderate (i) | A prolapsed intervertebral disc that needs surgery will be covered by this bracket. | £27,760 to £38,780 |
| Wrist Injuries | Less Severe | Injuries still cause some permanent disability, such as ongoing pain and stiffness. | £12,590 to £24,500 |
| Shoulder Injuries | Serious | Dislocation of the shoulder and damage to the lower part of the brachial plexus causing neck and shoulder pains. | £12,770 to £19,200 |
| Shoulder Injuries | Moderate | Frozen shoulder with limitation in movement and discomfort with symptoms persisting for two years. | £7,890 to £12,770 |
| Foot Injuries | Moderate | Permanent deformity and ongoing issues resulting from displaced metatarsal fractures. | £13,740 to £24,990 |
| Foot Injuries | Modest | Injuries in this bracket include simple metatarsal fractures. | Up to £13,740 |
Special Damages
Special damages compensate for the financial losses you have experienced as a result of your injuries. Below is a breakdown of special damages that could be claimed as a result of injuries sustained in a lifting accident at work:
- Loss of earnings: If your injuries require you take time off work, you could potentially claim back the pay you lost as a result.
- Transport costs: If you can no longer drive to and from work as a result of your injuries, you may have to pay for alternative transport. You could claim back these costs under special damages.
- Domestic care costs: This could include support in the home for cleaning, gardening or other household duties you are unable to carry out.
Evidence can help prove any losses you experience, such as payslips and receipts.
For more information on personal injury compensation, please speak with an advisor. They can offer a free valuation of your case and provide an estimate of what you could potentially receive following a successful claim.
Why Claim For Lifting Accidents At Work With Our No Win No Fee Solicitors?
Our solicitors can offer you a No Win No Fee contract known as a Conditional Fee Agreement. Under the terms of this contract, you will not generally be required to pay any upfront or ongoing fees for your solicitors services. Also, following a claim that does not succeed, you do not have to pay the solicitor for the services they have provided.
If the claim is successful, the solicitor will deduct a success fee from the compensation award you receive. Success fees are capped by the law, meaning you are able to keep the majority of your settlement. Also, you and your solicitor will establish the success fee prior to the start of the claim.
Talk To Our Team
You should get in touch if have any questions relating to lifting accidents at work and whether you could be eligible to seek compensation for any injuries you sustained as a result. An advisor could potentially connect you with one of our solicitors if you have an eligible claim.
To get in touch, you can:
- Call our team on 0800 073 8804
- Enquire about your claim online
- Use the live chat feature below
Find Out More About Lifting And Manual Handling Accidents At Work
For more of our helpful guides:
- Find out if you could claim after being injured at work because you weren’t given any safety shoes or boots.
- Learn how much compensation you could receive for a back injury at work.
- Read about claiming for injuries you sustained in an accident because you received inadequate training at work.
For more helpful resources:
- GOV – Statutory Sick Pay
- NHS – When To Call 999
- HSE – Manual Handling At Work
Thank you for reading this guide on lifting accidents at work and when you could be eligible to claim for injuries sustained as a result. If you have any other questions, contact an advisor on the number above.
Written by Clark
Edited by Mitchell
