What is a manual handling claim?

A manual handling compensation claim is a legal claim made when someone has been injured through no fault of their own after lifting or carrying items, and their injury has been caused by their employer’s negligence.

Manual handling at work is defined as any activity involving the lifting, lowering, carrying, pushing or pulling of objects by hand or bodily force.

Employers have strict regulations they must adhere to and implement for the safety of their employees. If an employee has suffered an injury because this duty of care has been breached, they may have a legal right to pursue compensation.

According to the Health and Safety Executive, 604,000 non fatal workplace injuries were reported in Great Britain in 2023/24. Of these, 17% were classed as manual handling injuries.

When can I make a manual handling compensation claim?

You can make a manual handling at work claim if you were injured because of your employer’s negligence while carrying out a manual handling task at work.

Your employer may have been negligent if they failed to take reasonable steps to prevent injuries, including providing correct training and equipment or conducting adequate risk assessments.

In most cases, you will have up to three years from the date of your injuries to start your claim.

Our specialist accidents at work solicitors have over three decades of experience successfully representing clients who have suffered a manual handling injury at work through no fault of their own. Speak to us today and start your no win no fee claim.

What types of manual handling injuries can I claim compensation for?

You can claim compensation for a number of injuries caused by manual handling at work, including back injuries, hernias, fractures, sprains and strains.

Manual handling injuries are usually a type of musculoskeletal disorder (MSD) involving a joint or tissue injury or damage.

The most common types of injuries caused by manual handling include

• Injuries to the neck, back, and shoulders
• Injuries to tendons
• Injuries to muscles in the upper and lower limbs
• Fractured or broken bones

Manual handling injuries are most common in workplaces where lifting and carrying are prevalent, such as factories or warehouses.

However, we also see manual handling injuries suffered by delivery drivers and office workers.

You can claim compensation for injuries caused by manual handling as long as it can be proven that your injuries were caused by your employer’s negligence or failure to provide the necessary health and safety guidelines in relation to handling items.

What are my employer’s legal responsibilities for protecting me against manual handling injuries?

Employers’ legal responsibilities for manual handling are clearly outlined in The Manual Handling Operations Regulations 1992. (MHOR)

The regulations outline three key areas, including;

• Employers should avoid hazardous manual handling so far as reasonably practicable
• Employers should assess the risk of injury from any hazardous manual handling operations that cannot be avoided
• Employers should reduce the risk of injury from hazardous manual handling to as low as reasonably practicable

When conducting risk assessments, it is the responsibility of the employer to take into account the individual performing the tasks, considering the following factors;

• The strength and capability of the individual employee
• The frequency with which the worker may need to undertake any manual handling activity
• The size and weight of the items to be moved
• The distance that any item is to be moved
• Any rest or break that the worker may require

If employers are unable to eliminate manual handling practices entirely, they must, after conducting a risk assessment, take all possible precautionary measures to reduce the risk of injury to workers, such as providing lifting equipment or training in the correct way to lift and move heavy items.

If your employer fails to do so, and negligence can be proven, you may be able to claim compensation for your injuries.

How much compensation can I claim for a manual handling injury at work?

The amount of compensation you can claim for a manual handling injury depends on the severity of your injuries and the impact those injuries have on your life. There is no fixed amount of compensation as each case is unique.

Compensation amounts for manual handling claims are calculated by combining the amounts you may be legally entitled to for general and special damages.

The amount of compensation you can claim for general damages will depend on the part of your body you have injured, the severity of the injury and the pain suffering and loss of amenity you may have experienced.

General damages are calculated from the Judicial College Guidelines. These guidelines are used as a reference point for accurately valuing your claim.

In addition, you are able to claim compensation for special damages, which takes into account the loss of income and expenses you may have incurred due to your injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs

How long after a manual handling injury at work can I claim?

In most cases, you will have three years from the date you suffered your injuries or the date you became aware of your injuries. For the latter, your injuries will need to be diagnosed by a medical professional.

The three year period is set by the Limitation Act 1980. However, there are exceptions.

The three-year time limit does not apply if the injured person is mentally incapacitated. The time limit will be extended indefinitely until the person regains mental capacity, or it is decided that someone will claim on their behalf.

If claiming on behalf of a child, you can start the claim at any point until their 21st birthday.

Can I make a no win no fee manual handling claim?

Yes, all clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is usually a small percentage of the total compensation amount and will be agreed between us before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting on your case.

In some cases, we recommend that an After The Event (ATE) insurance policy is taken out. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim.

How much does it cost to make a no win no fee manual handling claim?

Our no win no fee employer liability legal services for manual handling claims mean there are no upfront costs, and you will not pay a penny if your claim is unsuccessful.

If your claim is successful, the person you are claiming against will usually pay the majority of the legal costs, and you will only have to pay the agreed fee at the beginning of the claim process. Typically, this fee is less than 25% of the compensation you may receive.

If you are a member of a trade union, you may be able to receive free legal advice and representation as part of your membership.

How long does a manual handling claim take?

Manual handling compensation claims can take anywhere from a few months to over a year to settle. The length of time your claim may take to settle will depend on the complexity of your case.

As a general guide, the amount of time a claim may take to settle will depend on how easily liability can be established and how quickly both parties can agree upon an accurate amount of compensation that should be awarded.

What evidence do I need to make a manual handling at work claim?

To make a successful manual handling claim, you will need to provide evidence to show that your employer’s negligence caused your injuries and that your injuries have had a negative impact on your daily life.

To support your claim for compensation, our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book
• Witness statements from colleagues or anyone who saw the accident and are happy to provide a statement
• If available, photographs or video of the accident scene, including CCTV footage
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident
• Medical records from your GP or hospital you may have visited after the accident, including any treatment you may have received or are currently receiving
• Records of any financial losses incurred because of your accident

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf which will help to build the most comprehensive case possible to support your claim.

However, to help our solicitors gather as much evidence as possible to support your case, we recommend that you start your claim as soon as possible after your accident took place.

Can I claim for a manual handling injury even if I’m partly at fault?

Yes, you would be able to claim even if you were partly at fault. Contributory negligence or split liability recognises that more than one party can be to blame.

In these instances, you may still be able to claim compensation where your employer may only be partly to blame. However, the compensation amount may be reduced to reflect your share of the blame.

For example, if it is agreed between both parties that liability is split equally, only 50% of the compensation amount would be awarded.

Can I be sacked if I make a manual handling injury claim?

No, you will not risk losing your job if you make a manual handling injury claim against your employer.

UK employment law is very clear on this matter and protects employees from unfair treatment. Your employer can not dismiss you for making a claim against them.

Additionally, they can not create a working environment that may cause you to resign. If any of these examples occurred, you would have the right to bring a constructive dismissal claim.