By Jo Anderson. Last Updated 18th August 2023. Did you suffer injury because of no manual handling training at work? Perhaps you were required to move an object without proper instruction, tools or correct safety measures in place. Injuries sustained at work can cause multiple health problems. As well as financial problems if the injury impacts your ability to work.
This article explains the steps you can take to make a lifting claim against a negligent employer who failed to follow the correct manual lifting procedure as required by the law. Furthermore, we look at how settlements are valued.
You can read the informative sections below and click on the links for more detailed information. Or, you can speak to our advisors for free legal guidance after being injured as a consequence of no manual handling training at work:
- Simply call our team on 0800 073 8801
- Contact us online
- Access guidance through the chat option below.
Select A Section
- Is Moving And Handling Training Mandatory?
- Eligibility And Time Limits For Manual Handling Claims
- Workplace Manual Handling Training Policies
- Injuries Caused By No Manual Handling Training At Work
- Reporting Manual Handling Accidents At Work
- What Payout Or Settlement Could You Claim?
- Get In Contact With Us If There Was No Manual Handling Training At Work
Manual handling refers to the movement of materials by a person or group of people, as opposed to machinery. This can give rise to accidents such as dropping items in a way that injures the foot or wrist, as well as issues such as damage to the back.
Because of this risk, manual training is a legal requirement. The general legislation for workplace health and safety is the Health and Safety At Work etc Act 1974, which outlines the duty of care that employers owe. It states that your employer needs to take all reasonably practicable steps to prevent injury in the workplace.
Furthermore, regulation 4(3)(C) of the Manual Handling Operations Regulations 1992 details how employers should assess the manual handling of materials in their workplace. They should also inform employees of the weight of each load and which side is heaviest where it’s reasonably practicable for them to do this.
Whatever the specific circumstances of your injuries, if you have p you were hurt because there was no specific manual handling training at work provided, speak to one of our team. They could assess your eligibility and may be able to connect you with a personal injury solicitor to help you claim compensation for the harm caused.
If you can prove that your employer breached the duty of care they owed you, and this caused you harm as a result, you may be able to make a personal injury claim following a manual handling accident at work.
However, if you have suffered a manual handling injury in the workplace, and you’re eligible to make a claim, you need to keep in mind the limitation period that would apply to your claim. As per the Limitation Act 1980, you would typically have three years from the date of the accident to launch your manual handling injury claim. However, there are some exceptions that could apply.
If the person is aged under 18, the limitation period will pause until their 18th birthday. While the pause is in place, a litigation friend who has been appointed by the courts could make the claim on the injured person’s behalf. If this isn’t done, the person will have three years from their 18th birthday to start their own claim.
Similarly, the time limit has an indefinite pause period for those injured parties who lack the mental capacity to bring forward their own claim. A litigation friend could act on their behalf while the time limit is paused. If the injured person later recovers their capacity, and no claim has been made on their behalf, they will have three years from the recovery date to start their own claim.
Should you wish to discuss the exceptions further, or you’d like to check your eligibility to claim, you can contact an advisor.
Employers should always endeavour to find alternative ways to carry out a role so that manual handling is not necessary. If manual lifting is an unavoidable requirement, employers should perform a risk assessment of the task and provide employees with relevant training.
Furthermore, a suitable and sufficient assessment of the required manual handling operations should be carried out beforehand if changes may have invalidated the previous procedures.
If you would like to know whether your manual handling accident was caused by a breach of duty, chat with a member of our team today. If you do have a valid claim, you could be put in touch with a No Win No Fee solicitor from our panel.
There is a broad range of injuries and severities of injuries that might be caused by incorrect manual lifting. These injuries can result from dropping objects or trying to move items that are too awkward and heavy, for example. Some examples include:
- Bruises, cuts and lacerations
- Dislocations and fractures to fingers
- Fractures and sprains
- Head and brain injuries
- Lumbar, cervical and thoracic back injuries
- Temporary or permanent paralysis and nerve damage
- Crushed fingers, toes, hands or feet, for example, an injury to one of the metatarsal
- Wrist injuries
It may be possible to experience a combination of these injuries depending on the size and weight of the object. Our team are on hand to offer guidance on whether your compensation claim could be valid. Speak with an advisor for guidance.
After an accident caused by no manual handling training at work, the first step is to have the injuries promptly attended to by a medical professional. For employees who plan to seek compensation after feeling that negligent practices were the cause, there are certain actions to help:
- Ensure that the incident is logged in the workplace accident book, which is a legal requirement for workplaces with 10 or more employees.
- Collect CCTV if appropriate
- Take photos of the weight limit indications on the box of the items being manually handled (if possible)
- Collect contact details of witnesses prepared to give a statement
- Consider working with a personal injury solicitor. Their support and guidance could help you with several aspects of claiming, including making sure you start your claim within the time limit.
For information on the limitation period and other factors that could affect your claim, speak with us today.
After no manual handling training at work lead directly to you being injured, your settlement could include two different kinds of damages. General damages relate to the pain, suffering and loss of amenity caused by your injuries, including mental health injuries sustained in the accident. It can be affected by:
- The extent and severity of the injuries
- Probable impact on future employment or quality of life
- Future health needs
- How this may impact general well-being or cause any loss of amenity
Solicitors and lawyers can refer to the Judicial College Guidelines to help them value claims. This is to see what level of award similar successful personal injury claims in the past received. Whilst not guaranteed amounts, we have created the table below based on these figures:
|Area of Injury
|Severity And Award Bracket
|(b) Moderately Severe – £219,070 to £282,010
|Substantial dependence on others with disabilities including limb paralysis and cognitive damage
|(i) Severe – £69,730 to £96,210
|Disrupted joint and development of osteoarthritis, gross ligament damage and considerable pain and loss of function
|(ii) Severe – £65,740 to
|Serious fractures that include damage to cervical spine discs causing substantial loss of movement
|(ii) Very Serious – £54,830 to £87,890
|Permanent mobility problems and multiple fractures that require years to heal, leave deformity and require extensive surgery
|(iii) Severe – £38,780 to £69,730
|Disc lesions and fractures, as well as soft tissue injuries. Leaves pain and discomfort, impaired agility and higher risk of depression issues
|Serious Hand Injuries (e) -£29,000 to £61,910
|Partial amputations, deformity and impaired grip and disturbed sensation
|Less Severe – £19,200 to £39,170
|Significant disabilities initially but a good level of recovery will take place or is expected to
|(c) Severe Toe Injuries – £13,740 to £21,070
|Crush injuries to one or two, bursting wounds that lead to continuing significant problems
|(b) Serious – £12,770 to £19,200
|Restricted movement and sensory problems and weakened grip
|(e) £12,590 to £17,960
|A penetrating wound leaving residual damage.
In addition to this, special damages can compensate you for the financial impact caused to you by the injury. Documented evidence is required to prove these costs. This might be receipts, invoices and statements related to dealing with the injury. With this evidence, it could be possible to show losses like:
- A loss of income or damage to future earning capacity
- Adaptations needed to home or car to deal with injuries or a new disability
- Medical procedures that are not available for free on the NHS (such as cosmetic scar treatment or long-term physiotherapy for back injuries)
- Prescription charges and travel expenses.
Speak with one of our advisors for free today. They can help you calculate compensation requests more precisely after no manual handling training at work left you with the costs of injury.
Facing a claim for personal injury against a negligent employer can seem daunting. You may benefit from direct help offered by solicitors working under No Win No Fee agreements. A common version of this kind of agreement is a Conditional Fee Agreement.
Typically, no fees are required to hire solicitors in this way. As the claim moves forward, their services often require no payment. Claims with a positive outcome require a success fee to be deducted from the payout awarded, but unsuccessful claims will generally mean your employer won’t charge you for the work they have done.
If you would like more information on connecting with a personal injury solicitor under a No Win No Fee agreement, please speak to our team now by:
- Calling our team on 0800 073 8801
- Contacting us online
- By accessing guidance through the chat option below.
As well as guidance on injury claims after no manual handling training at work was provided, the articles below offer further reading:
- More on back injuries at work from lifting
- Further reading on back injury claims
- Also, read more about herniated slipped disc claims
We have also included the external resources below: