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Many workers suffer with back pain caused by various factors, including the requirement to lift objects or perform general manual handling tasks while at work. They may experience instant discomfort caused by a specific accident, or a gradual onset of symptoms over a period of time that would be classed as an industrial disease. These situations often result in the injured person making an accident compensation claim against their employer.
The term "manual handling" is used to describe a wide variety of work related tasks, including lifting, lowering, pushing, pulling, carrying, moving and holding or restraining an object, animal or person.
Although back injuries are common in this type of accident at work claim, other more serious injuries may also be caused, for example muscle or tendon damage. Also, heart conditions may arise because of the nature of the initial injuries suffered and the length of time they take to heal. These types of incidents at work often lead to a successful work accident claim, with the injured person receiving significant personal injury compensation.
In England and Wales there are strict laws imposing specific duties on employers with the aim of preventing situations arising that might result in accident claims. For example, all employers should have a written safety policy.
In addition, to further assist in minimising the risk of having to pay for an accident compensation claim, employers must provide a safe and healthy working environment, including:-
- The provision of safe equipment that is regularly checked and maintained
- The establishment and enforcement of safe systems of work
- The provision of all necessary information, training and supervision
- Ensuring workers are safe when required to use, store and transport loads and hazardous substances
Employers should recognise when a problem exists and assess the potential risk to both their workforce and the business as a whole. A solution to the problem should be established and appropriate training given to achieve a safer system of work. This reduces the risk of accident at work claims being made by any of their workers who suffer injuries as a result of the employers’ negligence or breach of duty.
Employers are required, so far as reasonably practical, to avoid the need for their workforce to undertake manual handling tasks. However, if it is impossible to avoid such tasks they are required to assess the risk involved with each task, and then to take all appropriate steps to reduce that risk to the lowest level reasonably achievable.
Other regulations that employers must comply with include provisions relating to the use of hoists and slings. This requires them to ensure that the equipment provided is of sufficient strength and stability for the tasks undertaken. The equipment should also be clearly marked with details of maximum loads.
If manual handling accidents occur and the employer is found to be in breach of their responsibilities, successful work accident claim may follow, with the compensation and legal costs usually being paid by the employer’s insurers. The injuries suffered in this type of accident can have a profound effect, not only on the worker’s health, but also in financial terms especially if they are away from work and lose income as a result.
Whatever the basis of the potential accident at work claim , it is always prudent to take advice from experienced accident claims solicitors. They are usually able to offer a free, no win no fee claims service.
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