What is a lifting injury and what causes it.
More than 25% of all reported accidents in the workplace are associated with "manual handling and lifting", and the most common injury sustained by people, and claimed for, while carrying out manual handling at work is a back injury, although injuries to arms and feet are also fairly common. Manual handling does not just lifting and carrying but also lowering, pushing and pulling.
Workers in places such aswarehouses,building sites, farms andfactories,as well as occupations such asdelivery drivingare particularly at risk for lifting injuries and carrying injuries; however, anybody may sustain a manual handling injury. For example, 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.
Duties of employers and employees
The Manual Handling Operations Regulations 1992 are designed to protect employees from injuries caused by manual handling at work. Employers and employees are both responsible for health and safety in the workplace. With regards to manual handling:
Your employer should:
- In minimising the risk to an employee the employer has to firstly take all reasonable steps to avoid the manual handling task. This means reviewing your working practices and taking out any manual handling which is not absolutely necessary.
- If manual handling is unavoidable then an employer has to assess the procedure to be used and in doing so take any appropriate steps to reduce the risk of injury to the lowest level possible.
- Whilst assessing the procedure the employer also has to take into account the individual employee's suitability for the procedure and any affect this may have on decisions made. This means carrying out a risk assessment of all of the manual handling which cannot be eliminated and which may cause you an injury.
- Try to reduce the risk of injury from all essential manual handling as much as possible, and each worker should be notified of any risks identified in the risk assessment.
As an employee you should:
- Co-operate fully with your employer on all matters relating to health and safety practice and follow all the guidelines provided by your employer.
- Notify your employer of any dangerous manual handling practices you notice.
- Pay attention to the effect your actions could have on yourself or others.
- Use all the safety equipment that is provided for you by your employer.
If you are injured as a result of a manual handling accident you can look to claim compensation.
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.
As well as claiming for your injuries you can also look to claim for:
- Lost income.
- Treatment costs such as physiotherapy/long term care if needed.
- Out of pocket expenses such as medication etc.
- Gratuitous care and assistance from family and friends.
- All losses arising from and as a direct result of the accident.
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.
In all cases 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.
