Manual Handling Claim Solicitors

When can I make a manual handling accident claim?

You are eligible to make a manual handling claim if your employer failed in their legal duty to protect you from harm. This duty is set out in legislation such as the Health and Safety at Work etc. Act 1974  and the Manual Handling Operations Regulations 1992.

If your employer fails to create a safe working environment and you suffer harm or injury as a result then you could be able to claim compensation from them. The duties of your employer include the following:

• Take all reasonable steps to make your working environment as safe as possible
• Provide adequate training for the work you are being asked to do
• Provide PPE which is fit for purpose if needed
• Provide precautions which are fit for purpose if your work is hazardous in nature
• Provide the right equipment for the work you have to do
• Ensure that the equipment is inspected and maintained as per the manufacturer’s recommendations
• Carry out proper risk assessments before any manual handling work is carried out

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

Yes, if you make a manual handling claim with Wolferstans we will work on a no win no fee basis.

You will only have to pay a fee if the manual handling claim is successful and you receive compensation. The defendant will pay some or all of your costs and the fee we take from you will never be more than 25% of any money you receive.

If your claim fails then the costs of the other party and any payments due to third parties such as medical experts will be covered by After the Event (ATE) insurance we take out on your behalf. We work on a no win no fee basis because we think you should be able to claim against a negligent employer on the basis of fairness without having to worry about affordability.

What are the most common injuries caused by manual handling accidents?

The injuries involved in manual handling claims happen if you are asked to push, lift, pull or carry objects without the proper training, if the objects are too heavy to be shifted manually or if the right equipment hasn’t been provided. Common injuries caused by manual handling of this kind include:

• Muscular strains or sprains
• Back pain ranging from moderate to severe
• Neck pain ranging from moderate to severe
• Chronic musculoskeletal disorders
• Long term or permanent disability

How much compensation could I get for a manual handling claim?

If your manual handling compensation claim is successful then the amount of compensation paid will vary depending upon the nature and severity of your injuries. For minor injuries with a prognosis for a quick recovery you could receive a few thousand pounds.

If the injuries are more severe, up to and including life-changing disabilities, then the compensation could be in the hundreds of thousands. In all cases the final amount will be made up of general damages and special damages.

General Damages

General damages are an amount of compensation intended to reflect the following:

• The nature and severity of your manual handling injuries
• The prognosis for any recovery from those injuries
• The physical pain and distress experienced as a result of your injuries
• Any psychological ramifications of your injuries, such as anxiety and depression
• The ways in which your injuries stop you from living your life as you did and enjoying things like hobbies and interests

The exact amount of general damages will be calculated with the help of the Judicial College Guidelines (JCG). This is a specialist publication which sets out guide payment ranges for specific injury types.

Examples listed in the latest edition include:

• Moderate Shoulder Injury – limited movement and other issues for around 2 years – £9,630 to £15,580
• Minor Shoulder Injury – pain caused by soft tissue injury with an almost full recovery in 2 years – £5,310 to £9,630
• Severe Neck Injuries – fractures or tissue damage leading to permanent disability and chronic issues – £55,500 to £68,330

Special Damages

Special damages are paid to compensate for the financial impact of a manual handling injury. They are calculated to return you to the position you would have been in if the injury had never happened.

Compensation will be paid for any earnings or pension provision you lose because your manual handling injury stops you from working as you previously did. In addition, special damages will cover expenses which are directly related to your injuries, such as the following:

• Money you have to spend on medical treatment now and in the future
• Money you have to spend on care provision now and in the future
• Money you have to spend on specialised equipment as a result of your injuries, such as mobility aids
• Money you have to spend on adapting your home or vehicle to allow for your injuries
• Money spent travelling to and from medical appointments to deal with your injuries
• Money you have to spend on counselling or therapy to deal with the psychological and emotional impact of your injuries

What does compensation for a manual handling claim cover?

The compensation claimed for a manual handling injury will be calculated to cover the following:

• The physical and psychological pain and distress experienced as a result of your injuries
• The way in which your injuries stop you from living your life as you previously did and doing things like pursuing hobbies and interests
• The financial impact of the injuries, including expenses directly related to the injuries and any earnings lost through time taken off work

Is there a time limit to making a manual handling claim?

Yes, there is a time limit of 3 years on making a compensation claim for a manual handling injury. The 3 year period runs from the date on which you were injured, or on which you became aware that your manual handling injury was the result of negligence on the part of your employer.

After the 3 years is up you will no longer be able to make a claim, with the following exceptions:

• You were under 18 at the time of the injury, in which case the 3 year limit dates from your 18th birthday to your 21st
• You lack the ‘mental capacity’ to start a claim during the initial 3 year period, in which case the 3 year limit will run from the date on which you regain capacity

Although the 3 year limit is in place we always recommend starting a claim as soon a possible after the injury occurs, while the events leading up to it are still fresh in your mind and the minds of any witnesses.

What is the process for a manual handling claim?

We understand that claiming compensation from your employer following a manual handling injury may seem like a daunting prospect. We break the process down into manageable steps to remove as much of the stress as possible, and we get on with the work of claiming so that you have the time and space to concentrate on recovering.

We start by taking a detailed account from you in which you describe how the injury happened and the impact it has had on you.

We will contact your employer and inform them of your intention to claim compensation. They will then put us in touch with their insurers to present the evidence and discuss your claim.

In the majority of cases liability will be admitted at this stage, with only a small minority of manual handling claims having to be settled in court.

We’ll arrange a medical evaluation with an independent expert. The report they produce will set out the nature and severity of your injuries, the likelihood of you needing further treatment in the future and the prognosis for a recovery.

We’ll gather the evidence needed to show negligence on the part of your employer and demonstrate the impact of your injury. In addition to any evidence you are able to bring to us, this will include:

• Your medical records with particular emphasis on the treatment you’ve needed since the manual injury occurred
• A copy of the entry made into your workplace accident book or of the account of your injury emailed to your employer at the time of the accident
• Witness statements from any fellow employees
• Photographs of the scene of the manual handling injury, of the object being moved and of any equipment used
• Details of any other manual handling accidents you are aware of having happened in your workplace
• Any correspondence relating to your manual handling injury between you and your employer
• Documentation relating to the financial impact of your manual handling injury, such as wage slips, bank statements, bills and invoices

Once liability has been admitted we will negotiate a fair compensation payment. Although we like to settle claims as quickly as possible and without having to go to court we will always negotiate for the full amount of compensation we think you are entitled to.

If the nature of your manual handling injury means that several medical evaluations are required and a final settlement delayed we will apply for interim payments to help with the cost of your recovery until compensation is agreed. Any interim payments paid will then be deducted from the final compensation payment.

If your claim is one of the small minority to be settled in court we will support you throughout the case and provide expert representation.

What should I do immediately following a manual handling injury?

If you injure yourself while carrying out a manual handling task at work you should do the following:

Seek immediate medical attention – as well as dealing with the injury and increasing the chances of recovery, prompt medical attention will create an official record of your injuries

Report the accident to your employer – make an entry in the accident book if your workplace has one. If not, send an email to your manager with details of the accident and your injuries to create an official written record.

If you are able to, gather evidence such as photographs of the scene, of the goods you were manually handling and of any equipment being used. You should also take the contact details of anyone who witnessed the accident.

Write down your own account of the accident, including details of the weight of the object that was being moved and the impact your injuries have had and your employer’s initial response

Contact Wolferstans for an initial free consultation. If we think your manual handling injuries happened because your employer was negligent then we’ll explain how to go about claiming compensation, and get to work on your behalf.

Who pays my compensation?

If your manual handling claim is successful then any compensation will be covered by Employer’s Liability Insurance. This is insurance which has to be carried by all UK employers, providing cover worth at least £5 million.

Can I be disciplined or dismissed from my work if I claim against my current employer?

It is against the law for any UK employer to discipline or dismiss an employee because they have made a genuine claim for compensation. If your employer does either of these things then you may be able to claim against them through an employment tribunal, in addition to an on-going manual handling claim.

Can I still claim if the manual handling accident was fully or partly my own fault?

If the manual handling injury was entirely your fault then you won’t be able to claim compensation. If you were partly to blame for your injury then you could still claim against your employer for being otherwise to blame.

Your partial responsibility will be reflected in the compensation paid – if you were 20% responsible then any payment will be reduced by 20%, for example.

What if my manual handling injury was caused by a colleague in my workplace?

If your injury is caused by a colleague then you will still be able to claim compensation from your employer. A legal principle called Vicarious Liability states that an employer can be held responsible for the actions of employees in the workplace.

Any compensation paid in this way will be covered by your employer’s liability insurance.

Why choose Wolferstans for your manual handling claim?

The team at Wolferstans have a highly impressive track record of winning workplace negligence claims of this kind, with a firm grasp of the evidence needed to show that an employer has been negligent in a way which caused you harm. We never settle for anything less than the full amount of compensation we think you are entitled to, and our commitment to dispute resolution means that we settle the vast majority of manual handling claims without having to go to court.

As well as offering expert legal advice we’re always on hand to provide empathetic one to one support. We understand how distressing it can be to find yourself injured because your employer was negligent, and we’ll guide you through the process of claiming compensation in an accessible, friendly and jargon-free manner.

We work on a no win no fee basis, so you can make a compensation claim without having to worry about costs or potential legal fees. If we think you have a fair compensation claim then we’ll do everything we can to make it happen, up to and including representing you in court if we have to.

If you’ve suffered a manual handling injury because your employer was negligent then you don’t just have to accept it. Contact Wolferstans and we’ll get to work proving that you’ve been badly let down and winning the compensation which could help you to move on and recover.