Claim for lifting accident/manual handling at work
- September 4, 2012
- Comments Off on Claim for lifting accident/manual handling at work
If you are injured as a result of a manual handling accident you can look to claim compensation for your injuries and losses. But what is a manual handling accident?
If you have had an accident at work that involved lifting, moving or carrying an object and, as a result, suffered injury and loss you can look claim compensation and damages. Such accidents are generally known as ‘manual handling’ accidents
More than 25% of all reported accidents in the workplace are associated with “manual handling and lifting”, and the most common injury sustained in a manual handling accident is a back injury, although injuries to arms, hands and feet are also fairly common. Manual handling does not mean just lifting and carrying but also lowering, pushing and pulling, basically moving it any way that requires manual input.
Workers in places such as warehouses, building sites, farms and factories, as well as in occupations such as delivery driving are particularly at risk for lifting injuries and carrying injuries; however, anybody may sustain a manual handling injury.
The following are all types of manual handling accident that would merit making a claim for compensation:
- a warehouse employee who regularly stacks heavy boxes might sustain a hernia injury lifting heavy boxes onto shelves
- a care worker could sustain a neck injury while helping a person into or out of bed or the bath
- a secretary might hurt their back lifting and carrying heavy files around an office.
- Lifting and carrying injuries can be the result of repeated strain over a period of time even where the injury itself occurs outside of work.
If you have suffered a manual handling accident at work it is probably as a result of your employer
- Failing to provide you with suitable lifting equipment
- Failing to organise your work appropriately
- Failing to provide you with adequate manpower e.g. asking you to do the work of two.
- Failing to provide you with proper training
If you are injured at work in this way through no fault of your own then your employer could be liable for your injuries and losses.
If you have sustained an injury of any sort while carrying out what you think may be a manual handling operation then you can look to claim compensation and damages for your injuries and losses.
So if you have had a manual handling accident you may be wondering what you can claim.
A claim for an injury caused by manual handling breaks down into two main parts:
General Damages this is compensation for your injuries and the amount you will receive will depend upon:
- the extent and duration of the injury – this will be determined by a medical report that your solicitor will arrange for you.
- how the accident has impacted upon your life – if you were a keen footballer, cyclist or similar and were unable to carry out this activity then you would receive marginally more than someone who spent their spare time sat watching TV or playing computer games.
Special Damages covers financial losses you have sustained as a result of accident. This can include:
- lost income due to time from work for recovery and or treatment; this includes any future lost income if your injuries are going to keep you from working for any length of time.
- the cost of such treatment or medication required; this can include medical aids such as walking sticks, specialist orthopedic beds and, in the more serious cases the cost of alteration and amendments to your house to make sure that you can live as comfortable life as possible
- the cost of care from family friends even if given without charge; this is known as gratuitous care and is charged at the post tax rate for basic home care.
- professional care costs if your injuries are so serious as to need professional help with your every day requirements
- loss of bonuses and payment in kind such as subsidised meals etc if so provided by your employer
- all other financial losses resulting from the incident.
Claim for repeated lifting strain over time
Lifting and carrying injuries can be the result of repeated strain over a period of time even where the injury itself occurs outside of work. If your back injury, neck injury or hernia or any other injury occurred while bending or lifting at home but the manual handling of heavy objects is part of your regular routine at work, you may still have a compensation claim however these cases are far more difficult to prove.
Use a specialist solicitor for manual handling claims
In all cases of manual handling injury or accident you should use a solicitor who specialises in work injury claims and understands the strategies that insurers use to defend manual handling injury compensation claims and how to overcome them. By using a specialist you are far more likely to receive the amount of compensation that you deserve.
So, if you have had an accident and suffered injury and loss contact Gartons now:
- Call: 0113 224 7830(24 hours)
- Email: email@example.com
Once instructed our agent will visit you, at your convenience, to make sure that we have all the information to get your claim up and running within days.