No Training Caused A Lifting Accident, Could I Claim?
By Danielle Jordan. Last Updated 13th June 2023. Did your employer fail to provide you with training so you had a lifting accident at work? If so, this guide could help you understand whether you’re eligible to claim compensation.
We will explore the manual handling and lifting guidelines that employers can follow to remove or reduce the risk of accidents occurring in the workplace.
Additionally, this guide will explore the steps to take when injured at work. as well as the possible injuries you can sustain in a lifting accident.
No training lifting accident claims guide
If you’re eligible to claim, you may wish to hire a solicitor to help you through the personal injury claims process. We have provided information on how our solicitors, who offer No Win No Fee services, could help.
We understand you may still have questions after reading our guide. If so, you can get in touch by:
- Calling us on 0800 073 8804
- Filling out our online claim form with your query
- Using the live chat feature below.
Select A Section
- What Manual Handling Training Should Be Provided?
- Manual Handling And Lifting Guidelines
- How Could You Be Injured In A No Training Lifting Accident?
- Examples Of Lifting Accidents Caused By No Training
- Time Limit For Claiming For A Lifting At Work Injury
- What Could You Claim If Injured Due To A Lack Of Training?
- How To Claim For A No Training Lifting Accident
What Manual Handling Training Should Be Provided?
Manual handling refers to the act of transporting or supporting a load by hand or using bodily force to lift, put down, push, pull, carry or move a load. A load could include an object, person or animal.
There is legislation in place that sets out different steps an employer can take to deal with risks posed by manual handling. For example, the Manual Handling Operations Regulations 1992 states employers must:
- Avoid manual handling tasks if it’s reasonable to do so
- Risk assess any manual handling operations if they can’t be avoided
- Take reasonable steps to reduce the risk of injuries being sustained
A reasonable step they could take to manage the risk of injury is providing manual handling training to employees. This could include informing employees of:
- Risk factors involved with manual handling
- How injuries can occur
- Manual handling techniques to carry out duties safely
If you had a lifting accident after no training and sustained harm, such as a back injury, call our team to find out whether you could claim.
Manual Handling And Lifting Guidelines
The Health and Safety Executive’s (HSE) guide to manual handling at work sets out the various weight limits that apply to different individuals in different circumstances.
For instance, the weight you can lift safely may change depending on whether you’re a man or woman. In the HSE guide, it states that a woman lifting from shoulder height with arms extended could safely lift up to 3kg. For men, this weight is 5kg.
The HSE also provide information on a good handling technique for employers to implement as an additional measure to reducing the risk of manual handling injuries. Examples of handling techniques the HSE include in their guide, include:
- Thinking ahead before lifting
- Keeping the weight close to your waist
- Adopting a stable position
- Ensuring you have a good grasp of the heavy load
- Slightly bending your back, hips and knees instead of flexing
Training and guidelines are important as they properly inform you of techniques to use to make sure you stay adequately safe whilst lifting and handling heavy weight. No training can cause lifting accidents if you aren’t informed on how to reduce risks and keep yourself as safe as reasonably practicable.
All employers, in line with their duty of care, owe their employees training. Under the Health and Safety at Work etc. ct 1974 (HASAWA) it is a responsible step that all employers should take. They should ensure that they provide free and relevant training for the employee to perform their job safely.
Call us if you have evidence that you experienced a lifting accident after no training was given.
How Could You Be Injured In A No Training Lifting Accident?
A lifting accident after no training was given can cause a variety of different injuries, such as:
- Herniated or damaged intervertebral discs
- Brachial plexus injuries
- Fractured or broken bones
- A dislocated injury
- Muscle tears
- A shoulder injury
- An arm injury
It is important to note that even if these injuries occur, that does not mean you have the basis for a successful claim. An accident at work claim can only be made if you can prove that employer negligence led to your injury.
Examples of Lifting Accidents Caused By No Training
There are many scenarios where a lifting accident after no training was given could happen. For example:
- Failure to provide adequate manual handling training: You may have been asked to clear out an overflowing storeroom without having appropriate lifting training to do so safely. As such, you may have developed a musculoskeletal disorder affecting your back due to lifting heavy objects incorrectly.
- Failure to carry out a risk assessment: Your employer may have failed to assess the risks involved in you lifting a certain weight from a certain height. As a result, you may have sustained a pulled neck muscle due to having to lift more than the recommended weight.
- Failure to provide manual handling lifting equipment: It may have been necessary for you to use equipment to lift and move certain objects. However, your employer may have failed to provide equipment. As a result, you may have sustained a ligament tear in your arm.
To find out whether you could seek compensation, call our team.
Time Limit For Claiming For A Lifting At Work Injury
If you are eligible to make a personal injury claim for your lifting injuries at work, you must start the legal process within the time limit as set out by the Limitation Act 1980. This is generally 3 years from the date of the accident that caused your injuries.
However, in certain circumstances, there are exceptions to this limitation period. These include:
- Those under the age of 18 have the time limit paused until their 18th birthday. Prior to this, a court-appointed litigation friend can file the claim on their behalf. Once they turn 18, they will have 3 years from their birthday to start proceedings if a litigation friend did not already do so.
- Those who lack the mental capacity to make a claim for themselves have the time limit suspended indefinitely. During this time, a litigation friend can act on their behalf. Should the injured party regain this capacity and a claim was not made for them, they will have 3 years from the recovery date to start legal proceedings.
If you suffered an injury while lifting at work and would like to know whether you are within the time limit to start a personal injury claim, please get in touch with one of the advisors from our team.
What Could You Claim If Injured Due To A Lack Of Training?
After a successful lifting accident claim, your settlement could comprise general damages which compensate for the harm and suffering you sustained due to your injury.
The Judicial College Guidelines (JCG) establish potential compensation bracket figures for general damages according to the type and intensity of the injury.
Please see the below table which includes figures from the 16th edition of the JCG, published in 2022. You should be aware that your settlement will not necessarily match the figures in the table.
| Injury | Compensation | Notes |
|---|---|---|
| Severe knee injuries (a) (i) | £69,730 to £96,210 | A serious knee injury where joint disruption has taken place and other issues have been caused. |
| Moderate knee injuries (b) (i) | £14,840 to £26,190 | Injuries in this bracket include dislocations and a tear of the cartilage. |
| Wrist injury (a) | £47,620 to £59,860 | Where there has been a complete loss of function. |
| Wrist injury (d) | £6,080 to £10,350 | Full recovery over 12 months from a fracture or soft tissue injury. |
| Wrist injury (e) | In the region of £7,430 | A simple Colles’ fracture. |
| Elbow injuries (a) | £39,170 to £54,830 | An elbow injury that is severely disabling. |
| Moderate back injury (b) (ii) | £12,510 to £27,760 | Cases in this bracket include where the injured person experiences, muscle and ligament disturbances. |
| Minor back injury (c) (i) | £7,890 to £12,510 | A full recovery within a couple of years. |
| Moderate shoulder injuries (c) | £7,890 to £12,770 | A case of frozen shoulder that causes limited movement and discomfort for around two years. |
| Lesser injuries to the pelvis and hip (c) (ii) | Up to £3,950 | A full recovery of minor injuries to the soft tissues. |
As part of your claim, you may also be eligible to claim special damages. This head of claim accounts for the costs caused by your injury. Some examples of special damages include:
- Medical costs
- Travel expenses
- Loss of earnings and future income
- Damaged property
For more information on making a claim for a lifting accident after no training was given, contact our advisors today.
How To Claim For A No Training Lifting Accident
Our solicitors operate under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). A CFA solicitor can offer their services without requiring you to pay an upfront fee. Additionally, if your claim fails, you don’t need to pay for the services they provided you.
The agreement you sign before proceeding with your claim on this basis outlines the success fee you need to pay if your claim succeeds. This is paid as a percentage that’s subject to a legal cap.
To find out whether you’re eligible to work with one of our solicitors, you can speak with an advisor. You can get in touch by:
- Calling us on 0800 073 8804
- Filling out our online claim form with your query
- Using the live chat feature below.
Related Manual Handling Accidents
Below, we have included some of our other guides that you may find helpful:
- What Are My Rights After An Accident At Work?
- £100,000 Compensation For A Broken Neck Injury
- How Much Dislocated Shoulder Compensation Could I Claim?
Additionally, we have provided some external resources that could help:
Contact our advisors today for information about making a claim for a lifting accident after no training was given.
