Manual handling accident compensation claims

Manual handling is a common part of life, at home, and at work. The Health and Safety Executive has identified that the number of manual handling accidents in the workplace accounts for approximately 40% of all workplace injuries. Manual handling usually relates to lifting, lowering, pushing, pulling or carrying loads and accidents can happen to anyone, whether they work in an office or on site.

 

What manual handling  injuries can I claim compensation for?

The most common injuries caused by incorrect or negligent workplace practices are sprains and strains, however, there are more severe injuries you can claim compensation for:

  • Injuries to the back and neck;
  • Any muscular injuries to the upper or lower limbs;
  • Any form of Hernias caused by manual handling;
  • If manual handling has worsened any existing medical conditions;
  • Breaks and fractures or internal injuries caused by a manual handling accident.

If your employer has not provided the correct safety equipment or followed health and safety procedures, you may be able to claim personal injury compensation for a manual handling injury.

Injuries in manual handling accidents can have a fundamental impact on those injured and their family members and dependents. Not only may the injured person suffer from physical pain and discomfort, they may also suffer financial loss following the need to take time off work.

 

Manual handling training – will this affect my claim?

The simple answer is no. Most organisations offer training in manual handling operations, but an employer has a duty of care to ensure that manual handling accidents are as unlikely as reasonably possible. It is not enough to simply provide training if other precautions are not taken.

 

Will bringing a workplace accident claim affect my job?

If you have been injured at work and then exercise your right to bring a claim for compensation against your employer, you should then not be adversely treated by your employer. The reality is that although you may be bringing a claim against your employer in name, your claim will actually be handled by your employer’s insurers or solicitors.

 

How much can I claim for a manual handling accident?

This really depends on your circumstances and the severity of your injury. This can vary between individuals, but be rest assured that our specialist team is experienced in ensuring that you and your family receive the maximum compensation you are entitled to.

Compensation will include an award for the:

  • pain, injury or illness;
  • lost earnings or if it has affected your ability to carry on working in the role you were working in;
  • incurred expenditure you would not otherwise have incurred to replace or repair damaged property;
  • medical bills; or
  • adaptions made to your home

As one of the largest workplace accident solicitors in the UK, we have many years of experience in obtaining compensation for people injured at work as a result of a manual handling injury. Our specialist employer liability team ensures that all claims are treated with equal importance, whether the injury is minor or major. Our initial consultation is free and the majority of the claims that we handle are on a no win, no fee basis. This means that if your case is unsuccessful, you will not have to pay anything.

 

How long does an accident at work compensation claim take?

There are a number of factors that affect a personal injury claim. These make it difficult to give an exact timescale and are affected by:

  • The availability to collect evidence
  • Where the entity responsible admits liability
  • The nature of your injury and illness

It’s important to consider all these factors as our specialist solicitors need to evaluate the true impact of your injury or illness when calculating your compensation.

Key contact

Iain Scott is a partner at Hugh James. A Fellow of APIL he has in excess of 20 years experience in representing injured clients. He undertakes a broad range of high value claims including fatal accidents, accidents at work, public liability and serious road traffic accidents.

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Your questions answered

How do I make a manual handling claim?

 

During your free, no obligation consultation our specialist solicitors will discuss whether you are entitled to make a claim. If negligence is established, we will discuss the various options with you, including the no win, no fee element of your personal injury claim. You will be provided with a step-by-step breakdown of how we will proceed with your accident at work compensation claim without obligation to proceed.

How much will making a claim cost?

 

In the vast majority of cases, your manual handling claim will be funded on a no win, no fee basis, also known as Conditional Fee Agreements (CFAs).

This means that if your case is unsuccessful you will not have to pay anything. We will only take on your case if, after assessing your claim, we decide that there is a reasonable chance of success. Our initial consultation is free, so you won’t pay a penny if we don’t accept your case.

Will I have to go to court?

 

Only a small percentage of personal injury claims brought will actually proceed to trial though we do prepare every case in depth to make sure we are ready should it go to court.

The personal injury procedural system is geared towards encouraging parties to be open with each other so that any claims for compensation can be settled without the need for going to court, which can save both time and cost.

A lot of people are naturally nervous and uncomfortable about going to court.  We understand this and will advise you every step of the way, should your case reach a trial.

What are the time limits in respect of bringing a personal injury claim?

 

There are strict time limits in personal injury claims.  The usual rule is that a potential claimant has three years from the date of an accident within which to bring a claim for compensation.

The court does have the discretion to override the three year period, but it is not regularly exercised.

Although there is a three year period within which to bring court proceedings, it is important that you seek legal advice as soon as possible should you believe you might have a claim.

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