Manual handling is a term that is used in regards of transporting loads in the workplace. Manual handling tasks include lifting items, pushing/pulling items or carrying items. Manual handling accidents can have serious consequences such as spinal injuries, hernias and crush injuries.
Whilst there is a risk of injury in most manual labour environments, some injuries can be caused due to negligence from an employer that could have otherwise been avoided. Employers have a duty of care towards their employees and must reduce the risk of manual handling accidents by making sure that employees are properly trained and have the correct protective equipment.
If you have suffered manual handling injuries as a result of an employer’s negligence, you may be entitled to make a manual handling compensation claim. Contact Wildwood Legal today to determine your eligibility and for more information on the legal claims process.
Common causes of manual handling claims
There are common causes of manual handling injuries that we see that lead to manual handling claims; some examples of these causes include:
· When an employer does not provide lifting aids in order to make lifting heavy items easier or complete any form of risk assessment.
· When an employer does not provide adequate training and equipment in order to explain how an employee should lift correctly.
· If an employer makes an employee lift something that is heavier than what they can handle.
· If an employer does not provide an employee with regular rest breaks in between lifting, which can lead to exhaustion.
The Health and Safety Executive can provide more clarity on the regulations that should be met in the workplace. Any of these causes of negligence can result in serious long term manual handling injuries, some of these injuries include:
· Neck injuries
· Injuries to the arm muscles
· Hernia injuries
· Shoulder injuries
· Broken or fractured bones
· Injuries to the tendons
Following a manual handling injury, you should seek medical attention immediately in order to assess your injuries as they can provide you with treatments and medicine in order to aid you with your injuries.
Having an official medical report will only strengthen your case further against a negligent employer as it could be used as crucial evidence to prove that you are suffering from an injury. It can also be used to calculate any pay entitlements and benefits that you could be awarded in a successful claim.
If you have suffered from one of the injuries listed above or a variety of others due to negligence from an employer, you may be eligible to make a manual handling compensation claim. Our accident at work solicitors will be able to help you start your claim and provide guidance.
What is required for manual handling claims?
You should also record the incident in the accident book at work, in which you should list the details of the injuries that you have sustained and how the accident happened. It is important to record your accident in the accident book as not only can it be used for evidence in your case, but it can also help to persuade employers to implement new health and safety measures that may have been needed previously.
You may also be required to provide further evidence to prove negligence following an accident at work. Below are just a few pieces of evidence that you could be asked to provide:
· Any witness statements alongside their contact details
· CCTV footage of the accident occurring (if available)
· Official records of the injuries sustained
· Any photos that you have of where the accident occurred and/or photos of the injuries that you sustained
· Evidence that you reported an accident to the correct person, whether that was an employer or a person in charge
After you have sustained an accident at work, it is in your best interest to talk to an accident at work solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward.
How is manual handling claims compensation calculated?
There are different types of medical claims that can be made following injuries from clinical negligence that was not your fault. Here are some of the things that your compensation can be calculated with:
· The severity of your injury
· Loss of benefits
· Length of recovery
· Loss of projected earnings
· Impact on daily life
· Loss of earnings
If your family, friends or others have been required to provide you with additional care due to your injuries, then they may also be eligible to receive compensation for their time.
The amount of compensation awarded from a successful accident at work claim is made up of two areas, general damages and special damages.
General damages cover physical injuries; these damages take the severity of your injuries into consideration as the more severe your injuries are, the higher the compensation levels are likely to be. If you have been left disabled as a direct result of medical malpractice, this would be covered by general damages.
Special damages cover the financial impact the negligence had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care that you may need.
If the Defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things such as assistance in daily living or urgent medical care.
Time limits for making manual handling claims
The law on time limits for manual handling claims is similar to most other personal injury claims. The general rule is that you have three years from the date of which you realised your injuries were associated with an accident in your workplace.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How much do manual handling claims cost?
We will always be 100% transparent about what our charges are; if we take on your case, we will almost always do so on a no win no fee basis (also known as a conditional agreement).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
For more information on your claim, please contact Wildwood Legal to get in touch with one of our accident at work teams today.
How can Wildwood Legal assist?
At Wildwood Legal, our core strength is in personal injury claims, including manual handling injury claims. We are experienced in helping Claimants make accident at work claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We have acted for people from all walks of life who have been injured at work. From builders to bankers, postmen to plumbers, scaffolders to shop assistants and everything in between, we have acted for them and recovered compensation which was rightfully theirs.
The law relating to accidents at work is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your injury at work claim is presented in the best possible way to ensure maximum possible compensation.
Our law firm is authorised and regulated by the Solicitors Regulation Authority.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
If you are considering making a claim against your employer, get in contact with us either email us firstname.lastname@example.org or call us on 01423 209 046 for specialist legal advice or complete the form to request a call at a later date.
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