This guide will answer the question, “how can manual handling cause back injuries?”. We will look at the duty of care that employers owe to employees in the workplace and how this can be breached, resulting in an accident.
Evidence can be helpful when proving that an employer has been negligent, and so we will be covering how you could use it in your work injury claim. Furthermore, we will look at how a solicitor or other legal professional could value your injuries in the event of a successful claim.
To conclude, this guide will outline the benefits of appointing a solicitor on a No Win No Fee basis, should you have a valid personal injury claim. Contact our team of advisors now to find out more:
- Calling us on 0113 460 1216
- Completing our making a claim form
- Speaking with us directly using live chat on our website
Browse Our Guide
- How Can Back Injuries Be Caused By Manual Handling?
- When Can A Manual Handling Injury Be The Result Of Employer Negligence?
- What Evidence Could Help You In The Personal Injury Claim Process?
- Potential Compensation From Manual Handling At Work Claims
- Use Our Panel Of No Win No Fee Solicitors To Make A Workplace Accident Claim
- More Information About How Can Manual Handling Cause Back Injuries?
How Can Back Injuries Be Caused By Manual Handling?
The Health and Safety Executive (HSE), the British workplace health and safety regulator, has provided guidance on safe manual handling and good lifting techniques. Examples of how this guidance can be applied in the workplace include:
- Modifying the workplace by making things easier to reach, thus reducing the need to twist. This could prevent strains and sprains.
- Reducing the load to align with your capabilities, if possible. If reducing the load isn’t possible, then your employer might consider the use of an aid such as a trolley, or assigning a second person to the task.
- Maintaining good housekeeping. For example, if there is a worn-down carpet on a corridor that could pose a trip hazard, your employer should recitfy this before a manual handling task is carried out in this space.
To discuss the question, “how can manual handling cause back injuries?”, call one of our advisors now; they may also be able to provide you with a free case assessment. If you have a valid personal injury claim, you could be connected with a No Win No Fee lawyer from our panel.
When Can A Manual Handling Injury Be The Result Of Employer Negligence?
Your employer has a legal duty of care to take all reasonable steps to keep you safe under the Health and Safety at Work etc. Act 1974 (HASAWA). Additionally, the Manual Handling Operations Regulations 1992 (MHOR) sets out
To sue your employer after an accident, you must be able to prove that you were owed a duty of care, that this was breached and that the breach directly caused or contributed to your injuries. There are a number of ways that this could occur.
For instance, when tasked with manual handling at work, your employer may have failed to provide the necessary manual handling training to complete the task safely, causing you to strain a muscle in your back. They could be liable for your injuries, as it’s a legal requirement for them to train you sufficiently to safely carry out a role you’re tasked to do.
Alternatively, you could be asked to carry an unsuitable load that you express to your employer is outside of your capabilities. Due to its awkwardness, you trip and fall, fracturing a vertebra. This could form the basis of a valid personal injury claim.
These are just some ways employer negligence could have led to your injury. If you believe you have solid grounds to make a work injury claim, contact our advisors now to see if you’re eligible.
What Evidence Could Help You In The Personal Injury Claim Process?
This section discusses how evidence is useful and can support your work injury claim. We will provide examples of the types of evidence you could use and how it could help.
- Medical records, obtained when you receive treatment following your accident, could be used to highlight what injuries you suffered and how they’ve impacted you.
- To show the extent of your injuries, you could take photographs of them. These could display visible injuries that have healed by the time you make your personal injury claim.
- You may be able to request CCTV footage of yourself to show how the accident took place.
- You could obtain any witnesses’ contact details. This may allow a statement to be taken at a later date.
A solicitor could help you collect proof in support of your manual handling injury claim. Call our advisors now to see if you could be eligible to work with a solicitor on our panel.
Potential Compensation From Manual Handling At Work Claims
Successful work injury settlements can contain two heads of claim. General damages compensate you for the pain and suffering you have experienced because of your injuries. The amount awarded will take into account several factors, including how severe your injuries were, whether they have permanent effects and the impact these injuries have had on your quality of life.
To help assign a value to your injuries, solicitors may use the Judicial College Guidelines (JCG). The JCG take amounts awarded previously in court cases and puts them into brackets relevant to the type and severity of injuries suffered. Also, your medical reports can be obtained and compared with the JCG to influence how much you could receive.
Due to the unique nature of workplace accidents and the injuries they result in, we cannot guarantee what compensation you will receive. However, below is a table of injury bracket guidelines provided by the JCG.
Compensation Table
Injury | Severity | Compensation | Notes |
---|---|---|---|
Back | Severe (i) | £91,090 to £160,980 | Damage to the roots of the nerves and the cord of the spine. Severe pain and disability. |
Severe (iii) | £38,780 to £69,730 | Disc lesions or fractures or soft tissue damage, leading to chronic conditions. Some disability will remain, despite treatment. | |
Moderate (i) | £27,760 to £38,780 | Potential residual disability. Compression/crush fractures, with substantial risk of osteoarthritis, constant pain and discomfort. | |
Moderate (ii) | £12,510 to £27,760 | Disturbance of ligaments or muscles, giving rise to backache. | |
Minor (i) | £7,890 to £12,510 | Full recovery (or to within nuisance level) within a two to five years. Can also apply where a pre-existing condition has been exacerbated or accelerated in the short term. | |
Minor (ii) | £4,350 to £7,890 | Full recovery within a year or two without the need for surgery. Can also apply where a pre-existing condition has been exacerbated in the very short term (usually within one to two years). | |
Minor (iii) | £2,450 to £4,350 | Full recovery within three months to a year with no need for surgery. | |
Minor (iv) | Up to £2,450 | Full recovery within three months. | |
Pelvis and hips | Severe (i) | £78,400 to £130,930 | Extensive hip fractures that can include, for example, a dislocation of the lower joint in the back with intolerable pain. |
Neck | Severe (ii) | £65,740 to £130,930 | Serious fractures or damage of the intervertebral disc of the spine. Disabilities could include permanent brachial plexus damage and loss of function in one or more limbs. |
Claiming Special Damages In A Work Injury Claim
The second head of claim that you could receive is special damages. These compensate you for reasonable losses incurred due to your injuries; special damages can reimburse for both past and future losses. You should provide as much evidence as possible to support your claim for special damages.
Examples of costs and losses covered under special damages could include the following:
- You could have lost your salary due to your inability to work and evidence your potential earnings with previous payslips.
- You may have been unable to drive because of an injury to your foot and therefore took the bus to and from work. You could prove this with your bus tickets.
- You may have been required to pay for prescriptions to treat your injuries, and a receipt could be used for proof of purchase to enable you to claim these back.
To see if you could access help to build evidence for your personal injury claim, contact our team of advisors today for a free case eligibility assessment. If your circumstances mean that your claim is valid, they could connect you with a No Win No Fee solicitor from our panel.
Use Our Panel Of No Win No Fee Solicitors To Make A Workplace Accident Claim
You may want legal representation to help your accident at work claim go as smoothly as it possibly can. If so, you may consider working with a No Win No Fee solicitor on our panel offering a Conditional Fee Agreement. This type of agreement means:
- No upfront legal fees to instruct a solicitor
- No legal fees to keep your case progressing
- No legal fees for you to pay for your solicitor’s services if your claim isn’t a success
- Your solicitor taking a small, legally limited percentage of your compensation in the event that you’re awarded compensation. This is a success fee.
Also, our panel of solicitors have many years of experience dealing with these types of personal injury claims and only take a case on if they feel it has a good chance of success. This means that if they offer you represent you, you can be confident in the mertis of your case.
To chat with someone about the validity of your work injury claim and to see if you can work with a No Win No Fee solicitor from our panel, contact our advisors today by:
- Calling us on 0113 460 1216
- Completing our making a claim form
- Speaking with us directly using live chat on our website
More Information About How Can Manual Handling Cause Back Injuries?
We hope this guide has answered, “How can manual handling cause back injuries?”. To read more of our articles, look here:
- Factory accident claims
- How to find quality personal injury solicitors
- Time limits in personal injury claims
For some external resources, look below:
- Statutory Sick Pay – A guide from the government webpage
- How do I know if I’ve broken a bone? – Information from the NHS
- Back pain in the workplace – Guidance from the HSE
Writer Will Grey
Publisher Fern Stringer