Manual Handling Claims – No Win, No Fee

Suffering a manual handling injury can be a painful and traumatic experience, often requiring medical treatment and time off work to recover. If your manual handling injury was caused by someone else’s negligence or wrongdoing, you may be entitled to compensation for your injuries and related losses. Our experienced solicitors are here to help you navigate the legal process and maximise your chances of a successful outcome.

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.

Common examples of injuries in manual handling claims

Manual handling refers to any activity that involves lifting, carrying, pushing, pulling, or moving objects by hand or bodily force. Injuries related to manual handling are common and can occur in various workplaces. Some common examples of injuries in manual handling claims include:

Musculoskeletal Injuries:

• Back Injuries: Strains, sprains, and herniated discs can occur due to improper lifting techniques.
• Shoulder Injuries :Rotator cuff injuries and dislocations may result from lifting heavy objects or repetitive movements.

Joint Injuries:

• Knee Injuries: Strains or tears in the ligaments or tendons may occur during activities like lifting or carrying heavy loads.
• Wrist and Elbow Injuries:Repetitive movements or awkward postures can lead to conditions like carpal tunnel syndrome or tennis elbow.

Fractures and Dislocations:

• Accidents during manual handling, such as dropping heavy objects, can lead to fractures or dislocations.

Cuts and Abrasions:

• Handling sharp objects or materials without proper protective equipment can result in cuts, lacerations, or abrasions.

Crushing Injuries:

• Objects falling or shifting during manual handling tasks can cause crush injuries, particularly to fingers and hands.

Strains and Sprains:

• Overexertion, improper lifting, or carrying loads that are too heavy can lead to strains and sprains in various parts of the body.

Slips, Trips, and Falls:

• While not directly related to lifting, manual handling tasks may involve navigating through spaces with obstacles, increasing the risk of slips, trips, and falls.

Repetitive Strain Injuries (RSI):

• Prolonged and repetitive manual handling activities can contribute to RSIs, affecting muscles, tendons, and nerves.

Impact Injuries:

• Being struck by objects or equipment during manual handling activities can cause various injuries, including bruises, contusions, or concussions.

It’s crucial for employers to implement proper training, provide ergonomic equipment, and establish safe work procedures to minimise the risk of manual handling injuries. Additionally, employees should be aware of proper lifting techniques and use available equipment to reduce the strain on their bodies.

Accidents that may lead to a manual handling injury

Several types of accidents can lead to manual handling injuries. These accidents often involve lifting, carrying, pushing, or pulling heavy objects or performing repetitive tasks. Here are some common causes of manual handling injuries:

1. Improper Lifting Techniques:

Lifting heavy objects without using proper lifting techniques, such as bending at the knees and keeping the back straight, can increase the risk of injury.

2. Overexertion: 

Exerting too much force during manual handling tasks, especially when lifting or carrying heavy loads, can result in overexertion and subsequent injuries.

3. Awkward Postures: 

Adopting awkward or unnatural postures while handling objects can increase the risk of musculoskeletal injuries. For example, twisting the body while lifting or carrying.

4. Repetitive Movements: 

Performing the same manual handling tasks repeatedly without sufficient breaks or ergonomic support can lead to repetitive strain injuries (RSI) affecting muscles, tendons, and nerves.

5. Lack of Training: 

Insufficient training on proper manual handling techniques can contribute to manual handling injuries at work. Employees may not be aware of the correct methods for lifting and carrying objects safely.

6. Inadequate Equipment: 

Using inappropriate or faulty equipment for manual handling tasks, such as lifting equipment that is not in good condition, increases the risk of accidents and injuries.

7. Insufficient Planning: 

Lack of proper planning and assessment of manual handling tasks can result in accidents. This includes failing to identify potential hazards and implementing preventive measures.

8. Dropped Objects: 

Accidentally dropping heavy or awkwardly shaped objects during handling can cause injuries, including fractures, contusions, or crush injuries.

9. Slips, Trips, and Falls: 

Uneven surfaces, wet floors, or cluttered workspaces can contribute to slips, trips, and falls during manual handling tasks, leading to various injuries.

10. Inadequate Communication: 

Poor communication between workers involved in manual handling tasks may result in accidents, such as two or more individuals lifting an object simultaneously without coordination.

11. Fatigue: 

Performing manual handling tasks while fatigued increases the likelihood of accidents and injuries. Fatigue can impair judgment and physical capabilities.

12. Inadequate Personal Protective Equipment (PPE): 

Failing to use appropriate PPE, such as gloves or back support belts, can leave workers more vulnerable to injuries during manual handling activities.

Preventing manual handling injuries requires a combination of proper training, risk assessment, use of ergonomic equipment, and creating a safe work environment. Employers should promote a culture of safety and provide ongoing education to employees to minimise the risk of accidents and injuries.

Employers responsibility

Employers have a legal and ethical responsibility to ensure the health and safety of their employees, including preventing manual handling accidents and injuries.

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 “.

Employers are expected to carry out a risk assessment of manual handling tasks to identify potential hazards and assess the level of risk associated with those tasks, as well as ensure that employees receive proper training on safe manual handling techniques, including lifting, carrying, pushing, and pulling.

Additionally, employers are expected to supply appropriate equipment and tools to facilitate safe manual handling. This may include providing lifting aids, trolleys, or other ergonomic devices to reduce the physical strain on employees. Employers should also supply and ensure the proper use of personal protective equipment, such as gloves or back support belts, when necessary for specific manual handling tasks.

Failure to fulfil these responsibilities may lead to legal consequences, financial liabilities, and, more importantly, harm to the well-being of employees. Employers should actively prioritise and invest in creating a safe working environment to protect the health and safety of their workforce and ultimately reduce the risk of manual handling injury claims arising.

The claims process

If you have sustained a manual handling injury due to someone else’s negligence, you may be entitled to make a manual handling claim. Below are the steps you can take to make a personal injury claim:

• Seek medical attention: It is essential that you seek prompt medical attention for your injuries. Early diagnosis and treatment can help prevent long-term complications and improve recovery outcomes. Make sure to keep copies of all medical records, including doctor’s notes, test results, and treatment plans.
• Gather evidence: Collect as much evidence as possible to support your claim. This may include witness statements, accident reports, photographs of the accident scene, and any other documentation that can help establish liability.
• Contact a solicitor: 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.
• File your claim: Your solicitor will help you file your claim with the at-fault party’s insurance company or through the courts, depending on the circumstances of your case. You may be required to attend a medical examination to determine the extent of your injuries and their impact on your life.
• Negotiate a settlement: Your solicitor will negotiate with the at-fault party’s insurance company to try to reach a fair settlement. If a settlement cannot be reached, your case may proceed to court.

Making a manual handling claim can be a complex and time-consuming process, so it is essential to work with an experienced and reputable solicitor who can provide you with the guidance and support you need.

How much compensation could you receive?

Compensation for manual handling injuries is usually divided into two categories: general damages and special damages.

General Damages – This refers to the amount of compensation you receive for your physical pain, suffering and loss of amenity. Generally, the more severe an injury, the higher the amount of compensation.

Special Damages – These are any direct financial losses that you may have suffered because of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.

Although no amount of money can make up for the physical injuries you have suffered, the physical effects can lead to permanently restricted mobility, and you may need ongoing care or move to a more suitable property for your needs.

If you have suffered an injury, we can make sure that you receive interim payments of compensation as your case is being settled for any immediate care or rehabilitation needs. Personal injury compensation claims are aimed to minimise the impact of your injury and to get you back to the position you were in before the accident happened.

Our team of solicitors offer their services on a no win, no fee basis, meaning you don’t need to worry about the costs that can come with making a claim for compensation.

Time limits for making a manual handling claim

In England and Wales, the general time limit for making a personal injury claim, including a manual handling claim, is three years from the date of the injury or the date of knowledge of the injury. The date of knowledge is when you became aware or should have reasonably become aware that your injury was caused by someone else’s negligence or wrongdoing.

However, there are some exceptions to this general rule. For example, if the injured party is a child, the three-year time limit does not start until their 18th birthday. Additionally, if the injury was sustained in an accident abroad or if the at-fault party is unknown or untraceable, different time limits and rules may apply.

It is essential to seek legal advice as soon as possible after sustaining an injury caused by manual handling to ensure that you do not miss any applicable time limits for making a claim. Waiting too long to pursue a claim could result in you being barred from seeking compensation for your injuries and related losses.

How can Beacon Law help?

Beacon Law is a specialist personal injury solicitor with ample experience in dealing with no win no fee personal injury claims. Our expertise in this area of law means we can provide an exceptional standard of service to our clients, and we work tirelessly to ensure we achieve the best possible outcome and the highest level of compensation for your injuries.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority. To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have suffered an injury at the fault of someone else, whether it was an accident at work or negligence by a medical professional, then please contact our specialist solicitors today on 0330 1332 857 to start your claim today. You can also complete our contact form at the top of the page to request a call back from a member of our personal injury team.