If you've suffered an injury related to manual handling in the workplace, you could be entitled to make a manual handling claim and receive compensation for your injuries.
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Manual Handling Claims
If you have suffered a manual handling injury at work due to inadequate training or poor health and safety practices, you may be entitled to make a manual handling claim against your employer.
Manual handling tasks often involve lifting, carrying, lowering, pushing, or pulling heavy loads. When these activities are not properly risk-assessed or managed, they can lead to injuries ranging from strains and fractures to hernias, nerve damage and long-term back pain.
If your employer failed to protect you from harm, a specialist manual handling solicitor can help you claim compensation for your pain, suffering, and financial losses.
To find out if you are entitled to claim compensation for a manual handling injury, call 0800 470 0472 or request a call back for a free case assessment.
Key points about manual handling claims
- Eligibility: You may be able to claim if you were injured while lifting, carrying or moving items at work due to poor safety measures.
- Employer Responsibilities: Employers must assess manual handling risks and provide appropriate training, equipment, and supervision.
- Time Limit: You usually have 3 years from the date of the injury or from when you became aware it was work-related.
- Compensation: May cover back pain, joint injuries, lost income, and any long-term impact on your work capacity.
- No Win, No Fee: Your solicitor will manage your claim on a no win, no fee basis — so you only pay them a fee if your claim is won.
Table of Contents
What are manual handling injury compensation claims?
Manual handling claims are a type of accident at work claims that allow employees to seek compensation if they are injured due to their employer’s negligence while carrying out manual handling tasks.
Common manual handling injuries include back and neck injuries, muscle strains, slipped discs, hernias, fractures and repetitive strain injuries. These can develop suddenly after a single incident or gradually over time due to repeated strain.
A successful claim can cover your pain and suffering, lost earnings, medical treatment, rehabilitation costs and any other financial losses linked to your injury.
Can I make a manual handling injury claim?
Yes, you may be able to claim compensation if you’ve suffered a manual handling injury in the workplace. The most straightforward way to find out if you have a valid claim is by having a brief and free conversation with a personal injury solicitor.
They will ask you questions about how you developed your injury, your work practices and the safety measures in place to decide if someone else might be responsible for causing you harm.
As a general rule, you can claim for manual handling accidents at work if:
- Another party, usually your employer, owed you a duty of care.
- Their negligence led to a manual handling accident.
- You were injured or learned of a manual handling injury no longer than three years ago.
What steps should employers take to prevent manual handling injuries?
The central regulations regarding manual handling at work are the Health and Safety at Work Act 1974 and the Manual Handling Operations Regulations 1992. These laws set out clear duties for employers to prevent manual handling injuries.
Under these regulations, employers must:
- Avoid any hazardous manual handling tasks as far as reasonably possible.
- When manual handling is unavoidable, carry out thorough risk assessments.
- Take all reasonable measures to eliminate or minimise the risk of injury.
This includes a duty to:
- Redesign tasks to avoid lifting, carrying or moving loads by hand.
- Use mechanical aids or automation where possible.
- Take into account each worker’s strength, health and experience.
- Repack heavy loads into smaller, safer units.
- Modify workspaces to reduce bending, twisting and carrying distances.
- Avoid lifting from floor level or above shoulder height.
- Ensure adequate rest breaks.
- Provide appropriate manual handling training and instruction.
- Keep floors and walkways clean, safe and free from obstructions.
If you’ve suffered an injury because your employer failed to carry out their duties towards you, you might be entitled to make a manual handling compensation claim.
How long do I have to make a manual handling compensation claim?
Under the Limitation Act 1980, you usually have 3 years to start the manual handling claims process. After this, your case will generally become statute-barred, and you may no longer be able to claim compensation.
There are exceptions to the three-year limitation date, including:
- If the injury developed over time, the three-year countdown begins on the date of knowledge of your injury.
- If you were under 18 at the time of injury, you have until 21 to claim for manual handling injuries.
- If the claimant lacks the mental capacity to conduct legal proceedings, a litigation friend could make a personal injury claim on their behalf at any time.
- If your accident was caused by faulty equipment or machinery, you could make a manual handling claim within three years of the date the defect was discovered.
How do I make a manual handling accident claim?
To claim compensation for manual handling injuries, the first thing you should do is contact a specialist personal injury lawyer. They will assess your case for free and, if you can make a claim, help you gather supporting evidence, such as:
- Photos or videos of the accident scene.
- Statements from co-workers or visitors who were present when your accident happened.
- Copies of accident reports recorded in the company’s accident logbook.
- CCTV footage, if your workplace has security cameras.
- Medical records of your injuries, the treatments and medication you received, any long-term effects and your recovery prospects.
- A detailed statement of your work practices, schedule, duties and the equipment you were using.
- Your training records, stating the manual handling instructions you received.
- Records of any financial losses you incurred because of your accident.
Your solicitor will send a letter of claim to your employer outlining the details of your case and the personal injury compensation you seek. If they admit liability, you can negotiate a settlement. If they deny it, court proceedings may be issued, but most cases are resolved out of court.
How much compensation can I claim for a manual handling injury?
The amount of compensation you might receive largely depends on the type and severity of the manual handling injury you sustained. In any personal injury claim, you can request compensation for special damages and general damages:
Special damages
Special damages are financial losses and expenses that can include the following:
- Private healthcare treatment.
- Costs of care and assistance.
- Rehabilitation and psychological therapy.
- Loss of income, including future losses.
General damages
This covers the subjective impact of the injuries caused by manual handling, such as:
- Physical pain and suffering.
- Psychological and emotional distress.
- Reduced quality of life.
- Inability to pursue a hobby.
Compensation for general damages is calculated by referring to the 18th Edition of the guidelines offered by the Judicial College. Based on these guidelines, you could get the following awards, depending on your circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| Back Injuries | Back injuries causing chronic conditions and permanent disabilities | £51,000 - £92,000 |
| Other Pain Disorders | Moderate pain disorder with ongoing symptoms and a degree of work and daily life impact | £28,000 - £51,000 |
| Work-Related Upper Limb Disorders | Work-related upper limb disorder causing some ongoing problems on one side | £20,000 - £22,000 |
| Hand Injuries | A moderate hand injury, including crush injuries, penetrating wounds or soft tissue damage | £7,500 - £18,000 |
| Neck Injuries | A moderate neck injury that may have accelerated or worsened a pre-existing condition | £10,000 - £18,000 |
| Wrist Injuries | A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 |
| Shoulder Injuries | A minor shoulder injury recovering fully within 1-2 years | £5,800 - £10,000 |
According to NHS Resolution, the insurance company that handles all claims against the NHS, between April 2009 and March 2019, they settled 2,008 manual handling claims made by staff members.
NHS Resolution paid £57.1 million in damages, with the following compensation awards:
- £20,000 for back and shoulder injuries sustained while assisting patients.
- £35,000 for shoulder injuries caused by moving equipment.
- £109,000 for back injuries caused by supporting a bariatric patient.
- £290,000 for neck injuries caused by repetitive manual handling tasks.
Can manual handling claims be made using a no win no fee solicitor?
Yes, if you are entitled to start a manual handling claim for compensation, a no win no fee solicitor will represent you under a conditional fee agreement.
This means that if they believe you have a fair chance of success, your solicitor will accept your case without asking for any upfront fees. Furthermore, you do not pay them anything if you lose the claim.
You will only have to pay a success fee to your solicitor if you win. The success fee cannot exceed 25% of certain parts of your compensation, and you will agree to it before starting legal proceedings.
What are the most common types of manual handling injuries?
Repetitive manual handling activities and heavy loads can cause injuries either over time due to wear and tear, or in a single traumatic accident. Some of the most common manual handling injuries include:
Typical back injuries include lumbar strains, slipped or herniated discs, and soft tissue damage to the muscles and ligaments of the lower back. Symptoms may include pain, stiffness, reduced mobility, numbness, tingling, muscle spasms, and weakness.
Injuries may affect the fingers, hands, wrists, elbows, or shoulders and can include strains, sprains, tendonitis, repetitive strain injuries and nerve compression. Handling hot, sharp, or hazardous objects can also cause burns, cuts, and lacerations.
Neck injuries often cause pain, stiffness, reduced range of motion, and headaches. In more serious cases, they may require physiotherapy and time off work, leading to loss of earnings and a neck injury claim for compensation.
Heavy lifting and other manual handling tasks can also result in a groin injury compensation claim, for injuries such as muscle tears and groin strain.
These are typical manual handling injuries, but the list is not exhaustive. Manual handling accidents can also cause face, head, chest and abdomen injuries or the worsening of existing medical problems.
What are common causes of manual handling accidents?
Manual handling injuries can have severe implications for the injured person. To avoid them, employers should regularly identify the factors that may increase the risk of an injury. The risk factors are related to one or more of the four aspects of manual handling:
- The load – if the load is too heavy, too large, unbalanced, unstable, difficult to grasp or difficult to reach, it may cause an injury.
- The task – the risk of back injury increases if the task is too strenuous or involves awkward postures, twisting or movements.
- The environment – accidents are more likely if there is limited space available, the floors are slippery, uneven, or there is insufficient lighting.
- The individual – individual factors like training, experience, age, health condition and personal lifestyle can increase or decrease the risk of manual handling injuries.
Some typical causes of manual handling accidents include:
- Lifting heavy, bulky or awkwardly shaped loads.
- Sustained awkward body posture.
- Stacking or unstacking boxes or crates from high shelves.
- Twisting, turning or bending the back to pick up an object.
- Reaching something with outstretched arms.
- Working beyond physical capacity or when overtired.
- Carrying loads awkwardly or one-handed.
- Handling loads that are difficult to grasp.
- Inadequate lifting equipment.
- Lack of regular rest breaks.
How can I reduce the risk of injury from manual handling?
To avoid manual handling accidents, you should follow some general guidelines for correct handling techniques:
- Before lifting, make sure your path is free of obstacles, level and not slippery.
- Make sure you have a firm grip on the object.
- If the load is too heavy or awkward to grip, seek assistance.
- While lifting, use the muscles in your legs and maintain a straight back.
- Keep the cargo close to your body.
- Push and pull heavy loads by using your own body weight.
- Avoid twisting or bending the back.
To find out if you can claim compensation for injuries caused by manual handling at work, call 0800 470 0472 for a free case assessment or request a call back.
