Manual handling Accidents
Manual handling accidents at work are a common reason for personal injury claims arising. Many of these types of accidents could have been prevented by employers providing the correct lifting equipment, appropriate training, or putting better procedures in place to minimise the risk of injury when performing a manual handling task at work.
Manual handling is any act which involves carrying, lowering, or lifting a load by hand or by using bodily force. It is a necessary task for many types of work; however, these tasks pose the risk of sustaining an injury if they are not carried out correctly by employees.
At Beacon Law, we offer our services on a no win, no fee agreement. With our no win, no fee arrangement, you can pursue your claim without worrying about upfront legal costs. We are committed to providing our clients with the highest quality legal services and personalised attention, and we will fight tirelessly to help you obtain the compensation you deserve. Please get in touch with our accident at work solicitors today to find out more.
Injuries Sustained due to Manual Handling Accidents
Injuries sustained due to a manual handling accident can be severe and can seriously disrupt a person’s life.
Manual handling injuries usually cause damage to the neck, back, shoulders, arms, or spine; some injuries may cause permanent damage or extreme pain for a prolonged period of time.
Injuries sustained during manual handling at work can vary depending on the nature of the task, the weight of the load, and the ergonomics involved. Common types of injuries include:
Musculoskeletal Disorders
- Strains and Sprains: Overexertion can lead to strained muscles or sprained ligaments, especially in the back, shoulders, and arms.
- Back Injuries: Improper lifting techniques often result in lower back injuries, including herniated discs, muscle strains, or even nerve damage.
- Shoulder Injuries: Lifting or carrying heavy objects can strain the rotator cuff or other muscles in the shoulder.
Repetitive Strain Injuries (RSI):
- Performing the same handling tasks over a long period can cause repetitive strain injuries, affecting areas like wrists, elbows, and neck.
Fractures and Dislocations:
- Dropping heavy items or being struck by falling objects can lead to broken bones or joint dislocations, especially in the hands, feet, or arms.
Hernias:
- Improper lifting of heavy objects can lead to hernias, where part of an internal organ protrudes through a weakened section of muscle or tissue.
Cuts, Bruises, and Lacerations:
- Sharp or heavy objects can cause cuts or bruising if handled without appropriate safety measures or if they slip during handling.
Crush Injuries:
- Mishandling heavy items or machinery can result in crushing injuries, where a body part, typically hands or feet, is trapped between objects.
Spinal Injuries:
- Severe lifting accidents can cause damage to the spine, including nerve compression or damage to the vertebrae.
Nerve Damage:
- Improper handling techniques or prolonged carrying of heavy loads can pinch or compress nerves, leading to numbness, tingling, or weakness, particularly in the arms or legs.
Manual Handling Accidents and Your Employers Duties
It is an employer’s duty to create safe working environments for all employees. The Manual Handling Operations Regulations 1992 set out rules for employers to follow in regard to all manual handling activities. Under these regulations, manual handling is defined as:
“…any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force“.
Under these regulations, your employer should avoid the need for any manual handling at work. Where manual handling is required, your employer is under a duty to take steps to reduce the risk.
Manual handling regulations seek to prevent injury where human effort is needed to lift, move, steady, or position a load in the workplace. Your employer is obligated to carry out a thorough risk assessment to establish whether there are any risks of injury as a result of manual handling in the workplace. If risks exist, your employer must put plans into place, which will help eradicate or greatly diminish the risk of workplace injury.
What to Do Following a Manual Handling Accident at Work
If you have sustained an injury following a manual handling accident at work, you should attend your G.P. or hospital to have the injury assessed by a medical professional.
You should also report the accident to a manager or supervisor and make sure that the incident has been recorded in an accident book. It would be useful to obtain a copy of the incident report and gather witness statements and photographic evidence if possible.
You should then contact a solicitor to make a start on your claim. A qualified solicitor can help you navigate the legal process, evaluate the strength of your personal injury claim, and negotiate with the at-fault party’s insurance company on your behalf.
Can you be fired for making a claim against your employer?
Your employer cannot terminate your employment or treat you badly solely because you are making a claim against them.
Your employer should have employer’s liability insurance in place to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty. You should, therefore, know that your employer’s insurers will cover any claim, and not your employer’s directly.
Time limits to making a claim
The time limit for making a personal injury claim, including a claim for a manual handling injury in the workplace claim, is typically three years from the date of the accident.
This is set under the Limitation Act 1980. If the injury was not immediately apparent, the time limit starts from the “date of knowledge”, the point at which the claimant becomes aware that their injury is related to the accident.
