I Had No Manual Handling Training At Work And Got Injured – Can I Claim?
This is a guide to when you could be eligible to make a personal injury claim after you were involved in an accident caused by no manual handling training at work. We will discuss the time limits applicable to claims of this nature and highlight how proper training should be provided by your employer.
No manual handling training at work injury claims guide
Furthermore, in this guide, we will explore how compensation could be calculated for a workplace injury claim and provide a guideline compensation table. We will also outline what evidence can be used to support your manual handling accident claim and when this can help you to establish your employer’s liability.
Finally, towards the end of this guide, we will discuss No Win No Fee arrangements and explain the benefits of entering into one of these with an accident at work solicitor. For more information on making a personal injury claim after an accident in the workplace, please continue reading our guide.
You can also talk to an advisor from our team at Legal Expert to discuss your potential workplace injury claim. They can offer you advice and insight, and they have access to our specialist solicitors. However, they will not place you under an obligation to further your claim with us.
To speak to a member of our team, please use one of the methods listed below:
- Call us on 0800 073 8804
- Make your claim online
- Speak with an advisor through our live chat window
Select A Section
- I Had No Manual Handling Training At Work And Got Injured – Can I Claim?
- Does An Employer Need To Provide Manual Handling Training?
- How To Show You Were Injured Due To No Manual Handling Training At Work
- Manual Handling Accident Compensation Claim Calculator
- Contact Us To Make No Win No Fee Accident At Work Claims
- Learn More About Claims For Workplace Manual Handling Injuries
I Had No Manual Handling Training At Work And Got Injured – Can I Claim?
Employer duty of care is outlined in Health and Safety At Work etc. Act 1974 (HASAWA). This states that they have a duty of care to take all reasonably practicable steps to ensure the welfare and safety of their employees at work. If your employer fails to fulfil this duty, it could lead to an accident in which you suffer psychological damage and/or physical injury.
Some of the reasonably practicable steps an employer can take include providing proper training to their employees, carrying out repairs and maintenance within a reasonable time frame and performing risk assessments.
To make a personal injury claim for an accident caused by no manual handling training at work, it is important that you establish the occurrence of employer negligence. We will define this below:
- Your employer owed you a duty of care at the time and location of the accident.
- They breached this duty
- This breach led to you sustaining injuries.
It is also important that you consider the time limits applicable to accident at work claims. Learn more about this in the following section.
Workplace Accident Claim Time Limits
There are time limits to consider when you are starting a personal injury claim. The Limitation Act 1980 outlines that you will generally have three years from the date of your accident to begin legal proceedings.
There are certain exceptions to this limitation period where the time limit can be suspended. If you would like to learn more about this in connection with your potential workplace injury claim, please speak to one of our advisors.
Also, for insight into bringing forward a personal injury claim due to unsafe practices at work, such as a lack of manual handling training, don’t hesitate to get in touch.
Does An Employer Need To Provide Manual Handling Training?
Under Section 2 of HASAWA, employers must provide proper training to ensure, so far as is reasonably practicable, the health and safety at work of their employees.
What’s more, the Manual Handling Operations Regulations 1992 states that so far as it is reasonably practicable, employers should avoid the need for their employees to undertake a manual handling task that is a risk of causing injury.
If this is not possible, and employees must undertake tasks involving manual handling, the employer should take appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.
The Health and Safety Executive (HSE), Britain’s national regulator for health and safety in the workplace, states that the risk of injury from manual handling operations will be increased where workers don’t have the training or information necessary to enable them to work safely.
If you have sustained an injury due to no manual handling training at work, you could be eligible to make a personal injury claim. Please speak to one of our advisors to learn more.
How To Show You Were Injured Due To No Manual Handling Training At Work
If you were injured due to no manual handling training at work, and you meet the eligibility criteria to make a personal injury claim, there are steps you could take. First, you should seek the medical attention you require. Then, you must obtain evidence of employer negligence.
Forms of evidence that you could acquire include:
- CCTV footage and photographs of any visible injuries and the site of the accident
- A recording of the accident in the accident at work book
- A diary of your symptoms and any treatment you have undergone
- Copies of your medical records
- Witness contact information
We also recommend that you seek guidance and advice when bringing forward a personal injury claim. Our advisors are available to discuss your potential compensation claim at any time that best suits you.
Manual Handling Accident Compensation Claim Calculator
You could be awarded up to two types of damages for a successful personal injury claim made after you were involved in an accident due to no manual handling training at work. Firstly you could receive general damages, which compensates for the psychological and physical pain and suffering you have been caused.
During the process of valuing general damages, legal professionals can use the Judicial College Guidelines (JCG) as an aid. Therefore, we have used this document to fill the table below with guideline compensation brackets for various injuries that could be sustained in a manual handling accident.
Compensation Guidelines
| Injury | Severity | Details | Guidelines for Compensation |
|---|---|---|---|
| Back Injury | Severe (a)(i) | The spinal cords and nerve roots will be damaged. This will lead to multiple serious consequences. | £91,090 to £160,980 |
| Back Injury | Severe (a)(ii) | There will be special features, such as loss of sensation associated with damage to the nerve roots, impaired mobility and unsightly scarring. | £74,160 to £88,430 |
| Back Injury | Severe (a)(iii) | Fractures of vertebral bodies or discs, disc lesions, or soft tissue injuries that lead to chronic conditions and disabilities that remain despite treatment. | £38,780 to £69,730 |
| Back Injury | Moderate (b)(i) | This bracket includes various injuries, such as compression/crush fractures of the lumbar vertebrae accompanied with discomfort and pain that is constant and a substantial risk of osteoarthritis. | £27,760 to £38,780 |
| Back Injury | Moderate (b)(ii) | Injuries that are frequently encountered, such as backache caused by a disturbance of muscles and ligaments. | £12,510 to £27,760 |
| Knee Injury | Moderate (b)(i) | Dislocations, torn cartilage or meniscus leading to a mild future disability, such as weakness. | £14,840 to £26,190 |
| Wrist Injury | Less Severe (c) | Some permanent disability such as a degree of continuing stiffness and pain. | £12,590 to £24,500 |
| Shoulder Injury | Serious (b) | The shoulder is dislocated and there is damage to the lower portion of the brachial plexus, resulting in aching, pain, sensory symptoms and further problems. | £12,770 to £19,200 |
| Shoulder Injury | Moderate (c) | The shoulder is frozen causing limited movement and discomfort. Symptoms will persist for around two years. | £7,890 to £12,770 |
| Hand Injury | Moderate (h) | Crush injuries, soft tissue type injuries, penetrating wounds and deep lacerations. | £5,720 to £13,280 |
This table is a guide.
Special Damages Compensation
A successful claim could also mean that you receive special damages. These cover the financial losses resulting from your injuries.
For example, if you suffered financially from loss of earnings because your injuries prevented you from working, you could be eligible to receive special damages to reimburse the amount lost. To prove loss of earnings, you could use payslips.
Additionally, if you have needed to pay for care, you could be eligible to claim for these costs. Invoices can show these expenditures.
Speak to a member of our team for an estimate of the award you could be eligible to receive. Also, you could use our compensation calculator for a payout estimate.
Contact Us To Make No Win No Fee Accident At Work Claims
A solicitor could offer to work on your claim under the conditions of a No Win No Fee agreement. One type of these arrangements is a Conditional Fee Agreement (CFA). Entering into a CFA usually means that there will be no expectation for you to pay for the services your solicitor provides upfront, as your case is ongoing, or in the event your claim is unsuccessful.
On the other hand, if your claim is a success, your solicitor can take a small success fee, which is deducted from the compensation. You will typically discuss this percentage with your solicitor before entering into the agreement. The Conditional Fee Agreements Order 2013 does cap this amount.
To learn more about entering into a No Win No Fee agreement, please contact our team. If they find your case to be potentially eligible, they could connect you with one of our No Win No Fee solicitors.
Talk To Our Specialist Team
If you would like to receive further advice regarding your potential claim, please get in touch with a member of our team. They are available 24/7.
You can:
- Call us on 0800 073 8804
- Use our online form to contact us
- Speak with an advisor through our live chat window
Learn More About Claims For Workplace Manual Handling Injuries
More of our information:
- Can You Claim For An Accident At Work Without An Injury?
- A Guide To Brain Injury Compensation Claims After An Accident At Work
- No Safety Measures In Place – Can I Make An Accident At Work Compensation Claim?
Helpful external resources:
- First aid – NHS
- Managing risks and risk assessment at work – HSE
- Statutory Sick Pay (SSP) – GOV.UK
Thank you for reading this guide on when you could claim compensation for injuries caused by no manual handling training at work.
