Unsafe Practices And Manual Handling Work Accident Claims
By Megan Black. Last Updated 25th August 2023. This guide looks at injuries that could occur because of unsafe practices and manual handling in the workplace. If employer negligence caused your injuries, you could be eligible for compensation.
There is legislation in place that is designed to enforce health and safety at work. Should your employer fail to adhere to this legislation and you suffer an injury, you might be eligible to make a personal injury claim. We take a look at the types of injuries that could arise due to a manual handling accident. In addition, we examine examples of evidence that could be used to support your claim.
Unsafe practices and manual handling claims guide
To bring this guide to a conclusion, we look at using the services of a No Win No Fee solicitor. This includes an explanation of how a No Win No Fee arrangement works. If you would like to discuss anything relating to your workplace manual handling injury, contact our advisors using the details provided below.
- Call 0800 073 8804
- Start your claim online
- Use our live webchat at the bottom of the screen.
Select A Section
- Could I Make An Unsafe Practices And Manual Handling Claim?
- Examples Of Unsafe Practices And Manual Handling In Workplaces
- Proving Workplace Injury Claims
- Compensation Payouts In Manual Handling Claims
- Make A No Win No Fee Accident At Work Claim Today
- Find Out More About Injuries Caused By Unsafe Work Practices
Could I Make An Unsafe Practices And Manual Handling Claim?
If you suffer an injury at work, you may wish to know more about making a manual handling accident claim. There are certain eligibility requirements that must be met for an accident at work claim to be a success. You need to be able to demonstrate that a breach of employer’s duty of care caused an accident in which you were injured.
The duty of care is set under the Health and Safety at Work etc. Act 1974 (HASAWA). It states that employers must take all reasonably practicable steps to ensure the health, safety and welfare of their employees.
As part of their duty of care, employers are expected to adhere to the Manual Handling Operations Regulations 1992. When avoiding manual handling altogether is not reasonably practicable, employers must:
- Carry out a suitable and sufficient assessment.
- Provide employees with training on proper manual handling techniques.
- Provide employees with indications of load weight and the heaviest side of any load where the centre of gravity is not central. Where it is reasonably practicable to do, precise information should be given.
We examine injuries that could arise if your employer fails to adhere to this legislation as well as what evidence could prove your case later on.
How Long Do I Have To Make A Manual Handling Claim?
If you would like to claim, you must start the process within the time limit set out in the Limitation Act 1980. This is typically three years following the date of the incident.
However, in certain circumstances, an injured party cannot start their own claim. These parties include children and those who lack the required mental capacity. The time limit is suspended when the injured party can’t legally claim themselves. A litigation friend can do so on their behalf at any point during the time limit’s suspension.
Call our advisors to discuss your manual handling accident. If your claim seems eligible, they can help you start legal proceedings right away.
Examples Of Unsafe Practices And Manual Handling In Workplaces
In this section, we look at examples of unsafe practices and manual handling incidents that could occur. The Health and Safety Executive (HSE) regulates workplace health and safety.
The HSE set guidelines for how work should be carried out when manual handling cannot be avoided. These include providing adequate training as well as workplace modifications and smaller, easier-to-hold loads.
Examples of injuries that could occur due to unsafe practices and manual handling include:
- A shoulder injury, such as a strain from reaching too far for an object.
- A back injury, including slipped discs caused by a lack of training on how to lift heavy loads.
- An arm injury from carrying objects that are too heavy, or for too long.
- Hand injuries. These include breaking a bone when putting an object down.
- Foot injuries can happen if objects are dropped due to an unsafe load.
If you have any questions about safe manual handling practices, call our advisors.
Proving Workplace Injury Claims
As stated earlier, you must be able to prove that you suffered injuries due to a breach of the duty of care owed to you.
Examples of evidence that could be submitted in an accident at work claim include:
- The accident book. You should fill this out with incident details as well as your name to create a contemporaneous account of the accident.
- Accident footage. For example, you can request CCTV footage of the accident.
- Witness contact details so they can give a statement later on.
- Medical records. It’s important that you seek medical attention for any injuries after an accident.
- Photographs of the scene or your injuries.
Our advisors can answer your queries about what evidence you could collect. They’re available with free legal advice 24/7.
Compensation Payouts In Manual Handling Claims
If you suffered an injury due to unsafe work practices, you may be wondering how much compensation you could be entitled to. Since compensation is awarded on a case-by-case basis, it may be more beneficial to you to learn how compensation is calculated and awarded for successful claims.
If you make a successful manual handling injury claim, you will be awarded general damages. General damages compensate you for your injuries and the pain and suffering they have caused you.
In the table below, we have listed some of the figures that are set out in the 16th edition of the Judicial College Guidelines (JCG). This is a document that many legal professionals will refer to when valuing this head of claim, as it provides compensation guidelines for various types of injuries.
Please note that this table should only be used as a guide.
| Injury Type | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Back | Severe (ii) | In this bracket, claimants have suffered a back injury with special features, such as nerve root damage causing sensation loss and mobility impairments. | £74,160 to £88,430 |
| Back | Minor (i) | The claimant is expected to fully recover within 2-5 years without surgery. | £7,890 to £12,510 |
| Hand | Serious | Found in this bracket are injuries that cause serious damage in both hands resulting in significant functioning issues. | £55,820 to £84,570 |
| Hand | Severe Finger Fractures | The claimant has suffered severe fractures to their fingers which could result in partial amputations. | Up to £36,740 |
| Arm | Permanent and Substantial Disablement | In this bracket, the claimant has suffered serious forearm fractures (in one or both arms) which cause a significant permanent disability. | £39,170 to £59,860 |
| Arm | Simple Fracture | The claimant has suffered forearm fractures that are simple in nature. | £6,610 to £19,200 |
| Feet | Moderate | There may be a risk of long-term osteoarthritis from displaced metatarsal fractures in this bracket. | £13,740 to £24,990 |
| Wrist | Less Severe | The injuries in this bracket aren’t as severe as other wrist injuries, but they cause some permanent disability. | £12,590 to £24,500 |
| Toes | Severe | Found in this bracket are crush injuries leading to amputations or partial amputation, along with injuries causing severe damage and significant continuing symptoms. | £13,740 to £21,070 |
| Shoulder | Moderate | Found in this bracket are injuries that cause a frozen shoulder and movement limitations persisting for 2 years. | £7,890 to £12,770 |
What Special Damages Could Be Awarded?
Special damages are awarded in some claims. These allow you to recover financial losses caused by the incident in which you were injured. For example, if you are off work due to your injury, you could claim for your loss of earnings. It would be helpful to present proof, such as your pay slips.
Further examples of things that could be covered by special damages can include:
- Medical expenses, such as physiotherapy that you have had to pay for.
- Injury supports, such as back belt.
- Home help, such as carer assistance.
Call our advisors to discuss what else could be included in your claim. In addition, they can give you a free claim valuation.
Make A No Win No Fee Accident At Work Claim Today
If you are eligible for compensation, you may like to claim for a workplace injury with the support of a No Win No Fee solicitor. They could provide their services under a Conditional Fee Agreement (CFA). This is one kind of No Win No Fee arrangement.
With a CFA in place, your solicitor usually won’t ask for an upfront payment for their services or expect you to pay for any ongoing costs. Should your solicitor secure compensation, they will take a success fee from your award. The amount that can be taken is limited by the CFA. If your claim doesn’t succeed, they typically won’t charge you for their services.
If you would like to further discuss your injuries caused by your employer’s unsafe practices and manual handling accidents, you can contact our advisors. All the legal advice they give is free. In addition, they can assess the potential of your claim and if it seems eligible, pass you onto one of our solicitors. Our solicitors typically offer No Win No Fee arrangements.
To get speak to an advisor:
- Call 0800 073 8804
- Start your claim online.
- Use our live webchat at the bottom of the screen.
Find Out More About Injuries Caused By Unsafe Work Practices
Further guides that might be helpful:
- Am I Eligible To Claim For Inadequate Training?
- Maximum Weight Limit To Lift At Work.
- What Are Employer’s Responsibilities?
Additional resources:
If you have any further queries about unsafe practices and manual handling accidents, please call us.
